What is the legal consequence when the lessor disposes of the leased property after the contract but before the lessee takes full possession of the usufruct?
General Chapter
Al-Mughni
Book of Leasing
Primary text
When the lessee rents a property for a period, occupies it partially, and the lessor then occupies or re-leases the remainder, there are two possibilities. The first, considered the more sound opinion and the apparent position of the Shafi'i school, suggests the contract dissolves regarding the portion the lessor occupied, as the lessor acted before the lessee fully acquired the usufruct, similar to the destruction of part of an object before delivery. If the lessor occupies part of the term, the lessee is only liable for the rent corresponding to the remaining unused portion of the term. The second view holds that the lessee remains liable for the entire agreed rent, but the lessor must compensate the lessee with the fair rental value (*ujr al-mithl*) for the time he occupied or disposed of the property, minus the portion of the agreed rent owed for that time.
Supporting text
If the lessor attempts to dispose of the property before handing it over, or prevents the lessee from taking possession for the entire duration, the lease contract is dissolved universally, as the subject matter of the contract has been destroyed before delivery, paralleling a sale where the goods are destroyed before handover.