Is a lease contract valid if the starting time for a journey is unspecified?
General Chapter
Al-Mughni
Book of Leasing
Primary text
A lease contract (Ijtira') for something like a tent (*fustat*) to Mecca is invalid if the starting time of the departure is not specified. This ruling is held by Abu Thawr and is analogous to the position of Al-Shafi'i. The basis for invalidity is that the duration has an undetermined commencement, which is impermissible, similar to leasing a house from the time the pilgrims depart until the end of the year. Arguments suggesting validity are considered contrary to textual evidence.
Supporting text
The Hanafi school (As'hab Al-Ra'y) permits such a lease based on the principle of Istihsan (juridical preference), despite it contradicting the standard analogy (Qiyas).