When does the lessor gain ownership of the rent (ujra) upon concluding a lease contract?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The lessor gains ownership of the rent immediately upon the conclusion of the contract if the contract is unconditional and the lessee has not stipulated a deferment period, analogous to how a seller gains ownership of the price immediately upon sale. This position is held by Al-Shafi'i. The basis for this is that the rent is a consideration mentioned without qualification in a contract of exchange, thus it must be vested immediately, similar to the price (thaman) or dower (sadaq). Furthermore, it is a consideration in a contract that can be expedited by stipulation; therefore, it should be expedited by the general terms of the contract.
Supporting text
Malik and Abu Hanifah maintain that ownership of the rent is not established by the contract alone. Therefore, the lessor is only entitled to demand payment day by day, unless there was an express stipulation for immediate payment (ta'jil). Abu Hanifah supports this view by citing the verse regarding wet nursing: "Then if they give suck for you, give them their due compensation" (Quran 65:6), which implies payment after the service is rendered. Furthermore, the hadith threatening those who hire a laborer and take full service without paying wages supports that the obligation is contingent upon service completion.