Is it valid for the lessor to stipulate that the lessee guarantees the rented item?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The condition stipulating the lessee's guarantee (daman) of the rented item is invalid (fasid) because it contradicts the inherent requirement of the contract. Imam Ahmad stated that stipulating the guarantee along with the rent is disliked (*makruh*). A narration from Ibn Umar confirms that leasing with a guarantee is not permissible. The scholars of Medina also refrained from leasing with a guarantee, except when specific conditions related to usage were breached, leading to liability only for the loss resulting from that transgression. Generally, stipulating a guarantee where none is due does not make the item liable, nor does a stipulation negate an existing liability.
Supporting text
However, a later statement attributed to Ahmad, where he was asked about this, suggests that Muslims adhere to their conditions ('Al-Muslimun 'ala shurutihim'). This implies that a guarantee can be established through stipulation, based on the Hadith, 'Muslims are bound by their conditions.'