Is the lessee liable for the item after the lease term expires?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 2 · Bab 1

Open in Qurani

Primary text

Upon the expiration of the lease term, the item remains in the lessee's hands as a trust, similar to a deposit. If it is destroyed without negligence, there is no liability upon the lessee. This is the position of some Shafi'i scholars. The supporting rationale is that the nature of the contract remains one of trust, similar to a deposit. Furthermore, if liability were obligatory, then returning the item would also be obligatory, which is not the case here as it is unlike a loaned item which is liable in all circumstances and must be returned.

Supporting text

Some scholars argue that the lessee is liable after the lease expires because they no longer have permission to retain the item, making it similar to a temporary loan after its specified period. However, this view is countered by the established trust status.