Is it valid to state 'I leased it to you for a year' or 'for a month' without specifying the start date?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the duration is stated without specifying the start date, such as stating 'I leased it to you for a year' or 'for a month,' the contract is valid, and its commencement is presumed to be from the time of the contract. This is the position of Malik and Abu Hanifa. The evidence for this includes the statement of Allah regarding Shu'ayb, peace be upon him, "(He said): Hire me for eight years..." (Quran 25:27), where the beginning was not specified. Furthermore, when a duration is stipulated without a religious duty (*qurbah*) attached, if stated generally, it must follow the cause necessitating it, like the term of *salm* or *iwla* (oath of abstinence).

Supporting text

Al-Shafi'i and some of his companions state that it is not valid unless the month is named and which year it pertains to is mentioned. This is based on a narration from Ahmad that if one hires a laborer for a month, it is not permissible unless the month is specified. This differs from a vow (*nadhr*), which is an act of worship (*qurbah*).