Who is permitted to ride an animal hired for riding?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The lessee of an animal for riding is permitted to be ridden by someone equivalent in weight to the intended rider, or someone lighter than the intended rider. The lessee is not permitted to be ridden by someone heavier than the intended rider. This is because the contract stipulated the utilization of a benefit limited by that specific rider. The lessee may utilize this benefit personally or through a representative. He may also utilize less than the stipulated benefit, as this constitutes using part of what is due. He is prohibited from using more because he does not own more than what was contracted for. Equality in height or shortness, or proficiency in riding, is not required. The justification for overlooking minor differences in these aspects, provided the weight is equivalent, is that the disparity is slight and thus excused. This is supported by the fact that these specific attributes are not required to be stipulated in the lease agreement, whereas weight is.
Supporting text
The Qadi held that similarity in all these descriptions—including proficiency in riding—is required because lack of proficiency makes the rider burdensome on the mount and causes harm. The poetic verse cited suggests that lack of experience in riding makes one heavy upon the mount.