Is the lessee responsible for damage to the leased object if the lease contract is void (fasid) and there was no negligence or transgression?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 1 · Bab 1

Open in Qurani

Primary text

The lessee is not liable for the loss of the object if the lease contract (*ijarah*) is void (*fasid*) provided there was no negligence (*tafrit*) or transgression (*ta'addi*). This is because the valid form of this contract does not mandate liability for damage, and thus the void form also does not mandate it, similar to contracts like agency (*wakalah*) or profit-sharing (*mudharabah*). The ruling regarding the obligation of liability in a void contract follows the ruling of its valid counterpart: liability is obligatory in the void contract if it is obligatory in the valid contract, and liability is not obligatory in the void contract if it is not obligatory in the valid contract.