Does a lease contract terminate if the lessee dies without an heir present to utilize the leased benefit?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The lease contract terminates concerning the remainder of the term if the lessee dies and leaves no heir present to assume the benefit, or if the heir is absent, such as dying en route to Mecca while leasing a camel without cargo or an immediate heir. This termination is supported by the apparent view of Ahmad. The rationale is that an overwhelming external event prevents the lessee from accessing the benefit, akin to usurpation. Furthermore, the continuation of the contract causes harm to both parties: the lessee owes rent without receiving benefit, and the lessor is prevented from using his property while benefit is clearly unavailable to the lessee. This is further likened to cases where the intended purpose becomes impossible, such as renting someone to extract a tooth that heals, or renting an oculist when the eye recovers or is lost.
Supporting text
An alternative interpretation suggested by Al-Qadi posits that the contract only terminates if the lessor reclaims the camel and prevents the heirs from using it, arguing that the contract should not terminate due to an excuse on the lessee's part when the object of the contract remains sound. This view is rejected because if the lessor truly prevented the heir from use, the lessor would be due no rent. Moreover, the situation differs from the lessee being imprisoned, as imprisonment does not permanently preclude the possibility of use or substitution; whereas, death permanently ends the lessee's ability to use the benefit personally or through a deputy.