Is the leasing of a camel for partial journey segments (Uqba) valid?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The leasing of a camel for partial journey segments, known as 'Uqba' (riding for part of the way and walking for another part), is valid. This is the established position of our school and the opinion of Imam Al-Shafi'i. The validity rests on the principle that if leasing for the entire journey is permissible, leasing for a part must also be permissible. The arrangement must be clearly defined, either by specifying the distance in known leagues (*farasikh*) or by specifying the duration, such as riding during the night and walking during the day. In time-based arrangements, only the time spent traveling, not resting, is considered. Agreeing to ride one day and walk another day is valid. If the terms are general (unspecified), there is a potential view that the contract is void due to ambiguity, as the usage varies without a standard measure. Agreeing to fixed alternating periods, such as riding for three days and walking for three days, or any longer or shorter fixed intervals, is permissible.
Supporting text
If the parties disagree on whose turn it is (to ride or walk), neither party is compelled to comply, as adherence would cause harm: distress to the walker from constant walking, and distress to the camel from constant riding, especially if the rider mounts after the animal has already undergone severe fatigue. Riding after fatigue makes the load heavier on the camel.