Is the lessor liable for the destruction of the planted crop due to external causes?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 1 · Bab 1

Open in Qurani

Primary text

The lessor bears no liability (*daman*) if the planted crop is destroyed by drowning, fire, locusts, hail, or other similar causes. The lessee (*muktarī*) has no option to annul the contract (*khiyār*). This is the position held by Ahmad, and no contravention is known. It is also the view of the Shafi'i school. The reason is that what is destroyed is not the subject matter of the contract; rather, the lessee's property within the leased item is what is destroyed, analogous to someone who bought a shop, and his goods inside burned down.