Is the liability for the animal's value nullified if the lessee returns the animal to the original stipulated distance?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 6 · Bab 1

Open in Qurani

Primary text

Liability for the value is not removed by returning the animal to the stipulated distance. This is the position of Abu Hanifa, Abu Yusuf, and Al-Shafi'i. The reasoning is that the hand (possession) became one of liability (yad dhimmah), and this liability is not lifted except by a new permission or authorization, which was absent.

Supporting text

Muhammad held that liability is nullified upon return, similar to the case of trust property (wadi'ah).