What are the prerequisites for the validity of hiring animals for transport (like camels)?
General Chapter
Al-Mughni
Book of Leasing
Primary text
For the contract to be valid, both contracting parties must know what they are contracting for, as it is a pure exchange contract requiring knowledge of the object, similar to a sale. Specifically concerning the rider (Al-Jammal): the hirer must know the riders, the means of conveyance (howdah, mahaffa, etc.), whether it is covered or uncovered (requiring knowledge of the covering), and the bedding (witaa') used within the howdah, along with any attached accessories like water skins, food bags, or satchels, and all other carried items. This view is held by Al-Shafi'i, Abu Thawr, and Ibn al-Mundhir.
Supporting text
Al-Shafi'i permits the ambiguity of the howdah covering, as it does not involve significant disparity, and he held a view that allows ambiguity in accessories based on custom. Malik permitted ambiguity regarding the riders because human bodies are generally similar in size. Abu Hanifa ruled that stating 'two men in the howdah and what suits them of bedding and covering' is permissible based on customary approximation. Al-Qadi agrees with Al-Shafi'i regarding the covering.