Does the lease contract terminate if the infant being nursed dies?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The contract is dissolved if the infant dies because it becomes impossible to fulfill the contracted benefit. No substitute can be appointed because infants differ in their needs for nursing, and the milk varies based on the infant, potentially benefiting one child but not another. This ruling is explicit from Al-Shafi'i.
Supporting text
If the contract is dissolved immediately, the entire rent paid is returned to the lessee. If dissolution occurs mid-term, the lessee is reimbursed for the remaining portion of the term.