Is a rental contract valid if the hire rate is specified for the initial agreed term and a different rate is specified for any extension of that term?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The contract is valid. If a person hires an animal for ten days for ten dirhams, and is required to pay one dirham for every day thereafter, this arrangement is permissible. This is supported by the narrations from Abu Al-Harith and Ibn Mansur concerning hiring an animal for a journey with defined segments and costs, and the narration from Abdullah where a fixed daily rate is set for any prolonged use. These reports indicate that the established view is that if a specific duration or action is assigned a specific wage, the contract is sound.
Supporting text
A differing view, attributed to Al-Qadi, suggests that the initial agreement concerning a known duration is valid, but the extension stipulation concerning an unknown duration is void. This is likened to hiring someone to carry an unquantified amount of grain for a set price, plus an agreed-upon proportionate charge for any excess, which is deemed invalid due to uncertainty.