Is it permissible for a lessee to divert the chartered animal to another direction?
General Chapter
Al-Mughni
Book of Leasing
Primary text
It is impermissible to divert a chartered animal to another region if that region is similar in measure but causes greater harm, or if the nature of the diversion alters the risk, such as moving from a safer route to one that is more perilous, or vice versa. The established rule is that if the lessee intends to divert the animal to a destination that causes equal or lesser harm in terms of ease, ruggedness, and security, it is permissible according to some scholars, including a position attributed to the companions of Imam al-Shafi'i. This permission is grounded on the premise that specifying the distance serves only to define the extent of the benefit, not to specify the route itself, similar to how the type of cargo or passenger is specified.
Supporting text
A stronger opinion dictates that diversion is impermissible if the lessor has a specific objective tied to the designated route, such as chartering camels for the Hajj to Mecca. Similarly, if the destination was specified because the lessor's family resides there, diverting the animal to a completely different region, such as Egypt instead of Baghdad, is not permitted. Furthermore, if the entire caravan of animals was chartered to a single destination, the lessee may not split the consignment, sending parts of it to different directions.