Is the passenger obligated to dismount when approaching the destination if customary walking is involved?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If a mount is rented for a journey where descending and walking near the dwelling place is customary, the renter is not obligated to dismount and walk if the renter is a woman or a weak person. This is because the contract stipulated use for the entire journey, and no custom of walking applied to them, thus necessitating carrying them for the entire path, similar to baggage.
Supporting text
If the renter is a strong person, there are two views: One holds that dismounting is not required because the contract covered the entire path, meaning the renter cannot be required to abandon use for part of it, similar to the weak person. The second view holds that dismounting is required because walking is customary, and custom holds the position of a condition within the contract.