What are the necessary conditions for specifying the leased term and property?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 2 · Bab 1

Open in Qurani

Primary text

The lease is valid only for a specified, known period. It is obligatory to view and delimit the property, as it only becomes known through sight. It is not permissible to lease it vaguely or merely by description. This is the position held by Al-Shafi'i.

Supporting text

Abu Thawr permits sufficiency if the property is defined by description. The companions of Al-Ra'y (the Hanafi school) hold that the lessor has the option of annulment upon viewing (Khiyar al-Ru'yah), similar to their ruling concerning sales.