What if the lessee incurs expenses on the camels without access to a judge or ability to borrow?

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If the lessee cannot find a judge or secure a loan, he may spend on the camels and act in the driver's stead regarding his responsibilities. If he spends voluntarily without intending reimbursement, he receives nothing back. If he intended reimbursement and recorded this intention by witnessing (*ashhada*), he is reimbursed because this is a state of necessity. This constitutes one of the two views attributed to Al-Shafi'i. If he had the intention but did not secure witnesses, there are two views on reimbursement: one view holds that he is reimbursed because leaving the camels knowing they require maintenance implies permission to spend; the second view holds that he is not reimbursed because he is establishing a right for himself against another person. This second view applies if he could not find witnesses to record his intention to seek reimbursement.