What are the required methods for determining the cargo load in a contract of hire?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 2 · Bab 1

Open in Qurani

Primary text

The load must be known through two means: direct observation, which is among the highest forms of establishing knowledge, or through specification (description). Specification requires the knowledge of two elements: the quantity and the type (jins) of the load. The type must be known because the burden on the animal differs based on the type, even if the quantity is equal; for instance, cotton swells when humid, causing weight, while iron concentrates its weight on one spot, potentially injuring the animal.