Is the rent installment established if the lessee takes possession of the leased object?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The rent is established if the lessee takes possession of the object of the contract (usufruct), mirroring the rule for a sale contract upon receipt of the sold item. If the specified object was delivered and the period passed without the lessee being prevented from use, the rent is established even if no actual use occurred, as the usufruct was extinguished in his possession, which was his right. This is supported by the opinion of our associates and is the Madhhab of Shafi'i, based on the principle that lost usufruct in one's possession by choice necessitates liability, similar to the loss of a sold item in the buyer's hand or a time-based lease period expiring.
Supporting text
Abu Hanifa holds that the rent is not established until the usufruct is fully realized because the contract is for a non-time-bound usufruct, meaning its compensation is not due before realization, analogous to the hired worker (*ajir mushtarak*).