When does liability arise for the lessee based on stipulations regarding the item's use?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the lessor stipulates conditions concerning the use of the item, such as prohibiting night travel, midday rest (qaylulah), lagging behind the caravan, using a specific spot, or carrying more than the agreed-upon load (e.g., one qafiz instead of two), and the lessee transgresses this specific condition, they become liable (damin) for whatever is destroyed due to that transgression, akin to one who usurps property.
Supporting text
If the owner demands the return of the item and the lessee refuses without a valid excuse, the item immediately becomes a guaranteed liability, similar to usurped property (maghsubah).