What is the liability of a jointly hired worker (al-Ajir al-Mushtarak) if the object perishes while in his possession without his fault or negligence?
General Chapter
Al-Mughni
Book of Leasing
Primary text
There are differing narrations from Ahmad regarding the jointly hired worker when the object perishes from his custody without his aggression or negligence. One narration, supported by Ibn Mansur, Ta'us, 'Ata, Abu Hanifa, Zufar, and the position of Al-Shafi'i, states that he is not liable for guarantee. The correct opinion in the Madhhab adheres to this first narration, suggesting liability only arises if the object perishes specifically from among his own belongings, due to suspicion, because if there is no negligence or aggression, he should not be liable, similar to loss due to an overwhelming event.
Supporting text
Another narration from Ahmad suggests liability if the loss stems from what was within his control, but no guarantee applies if it is due to drowning or an overwhelming enemy. Abu Yusuf held a similar view. Malik and Ibn Abi Layla hold that he is liable in all circumstances based on the Hadith, 'The guarantee lies with the possessor until he returns it,' and because he took possession for his own benefit without rightful claim.