Is the lessee liable for the full value of a hired animal if it perishes during its unauthorized use beyond the stipulated distance?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The prima facie view from Khiraqi's statement indicates that the lessee is liable for the full value if the animal perishes, whether during the transgression or after returning it to the stipulated distance, and regardless of whether the owner was present. This is the apparent position of the Seven Jurists of Medina if the perishing occurred during the transgression. If the animal perishes while the lessee is on it or carrying cargo on it, the lessee is liable for its full value, as it perished in a wrongful hand (yad 'adiyyah), making it similar to a usurped item. Liability is confirmed because the lessee is a transgressor by the addition, and the owner's silence does not negate liability, especially if the loss resulted from the excessive burden or travel.
Supporting text
Al-Qadi suggests that if the lessee dismounted and handed the animal over (to rest or water it), and it perished, the lessee bears no liability. Abu Al-Khattab suggests partial liability (half value) in certain scenarios. Some Shafi'i scholars hold that if the owner was present, the lessee is not liable if it perished while in the owner's hands after the lessee dismounted; if it perished while the lessee was riding, they propose either half value or that the value liability is apportioned based on the distances traveled (the excess distance value is due).