What payment is due when a hired animal is used beyond the stipulated distance?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The lessee must pay the agreed-upon rent (al-musamma) plus the going rate (ujr al-mithl) for the excess distance traveled. This is the established position among our companions, as stated by Ahmad. This view is also held by Al-Hakam and Ibn Shubrumah, and Al-Shafi'i. The justification is that the animal remained intact, allowing recovery, so payment rather than full liability for its value is required, analogous to traveling a short distance over the limit.
Supporting text
Al-Thawri and Abu Hanifa hold that no additional rent is due for the excess distance because, in their view, benefits derived through usurpation (ghasb) do not create an obligation for rent. Al-Malik is reported to state that if the distance exceeded significantly, the owner can choose between the going rate or the animal's value on the day of the transgression, arguing the lessee was a transgressor by unlawfully retaining the animal.