Can the obligation to pay rent be established before the lessee receives the benefit of the leased item or service?
General Chapter
Al-Mughni
Book of Leasing
Primary text
For a contract where the rent is conditional upon the performance of a specific service (as opposed to time duration), the rent is owned upon the contract's conclusion, but the lessor is not entitled to demand delivery until the work is handed over. For a lease tied to a duration where the benefit accrues gradually, some jurists hold that ownership vests upon contract conclusion, but entitlement to demand payment is deferred until the service or benefit is delivered, as the consideration cannot be demanded without delivery of the consideration received, like the price of a sold item when the item itself has not been fully taken possession of.
Supporting text
Some jurists, such as Ibn Abi Musa, state that if someone is hired for a known task, they deserve the wage upon fulfilling the work, and if hired daily for a known wage, they are entitled to the daily wage upon its completion. Abu Al-Khattab stated that the rent is owned upon the contract, becomes due upon delivery, and is confirmed by the passage of time, but the right to demand its delivery is suspended pending the delivery of the work.