When can the lessee choose to void the lease if the intended use is only partially diminished?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the leased object can still be utilized for the purpose it was rented, albeit with some deficiency—such as planting the land without water, or if receding water only partially hinders cultivation, or if the courtyard of a house can still be inhabited (e.g., in a tent)—the lease is not voided because the contracted benefit has not been entirely removed. In such cases, the lessee has the option to void the contract, similar to cases where the leased property is merely damaged.
Supporting text
For a demolished house, there are two differing opinions: one holds that the lease is not voided, while the second holds that it is voided because its name and the intended utility have ceased, as no one rents the bare ground of a house for residence.