What is the legal status regarding substituting specific livestock in a grazing contract?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If a contract is made concerning specific, identifiable livestock, the ruling established by our scholars is that the contract attaches to the specific animals, similar to hiring someone to sew a specific garment. If the specific animals perish, the contract is voided. If some perish, the contract is voided for the perished portion, and the shepherd receives payment for the remainder proportionally. If offspring are born, the shepherd is not obligated to graze them as they are an increase not covered by the contract.
Supporting text
An alternative view suggests the contract does not attach to the specific animals because the object of the contract is the usufruct (the benefit of the shepherd's service), not the animals themselves. In this view, the shepherd may substitute the animals with others, similar to substituting a ride in a hired conveyance or substituting a tenant in a rented house, provided the substitute causes equal or lesser burden to the shepherd. This view distinguishes the grazing contract from a contract for sewing a specific garment, where differences in difficulty of labor are more common.