Is the rent established if the lessor offers the object for a lease concerning work, and the lessee refuses to take possession?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the lease concerns work and a period allowing for the realization of the usufruct has passed, the rent is established according to our associates and Shafi'i, as the usufruct was lost by the lessee's choice.
Supporting text
Abu Hanifa maintains that there is no rent due. This latter view is considered stronger because the contract is upon a future obligation (*fi al-dhimmah*), and thus its compensation is not established merely by tender of delivery, similar to the *muslam fihi* (commodity sold on advance payment). Furthermore, it is a contract for a non-time-bound usufruct, where compensation is not established by tender, like the *mahr* (dower) if the wife tenders herself and the husband refuses.