What is the ruling if the camel driver flees during the hired journey or before it starts?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the camel driver flees with the camels, the lessee has the option to dissolve the lease if he cannot find a judge, if establishing the situation before a judge is impossible, or if, although established, he cannot secure funds from the driver's assets to cover the costs necessary to fulfill the contract. This dissolution is permitted because securing the object of the contract has become impossible, resembling the bankruptcy of the buyer or the non-delivery of the subject matter (*muslam fih*) at its destination. If the contract is dissolved and the driver had already received payment, the payment becomes a debt on his responsibility. If the lessee chooses to maintain the contract, and the lease was for future service (*'amal fi al-dhimma*), he may do so, and upon locating the driver, he shall demand the service. If the contract was for a specific period and that period expired during the flight, the contract is dissolved by that fact.
Supporting text
If it is possible to establish the situation before the judge and the contract was for a non-specified item, the contract is not dissolved. Instead, the matter is referred to the judge. If the judge finds assets belonging to the driver, he hires conveyance with them. If no assets are found, and the judge can borrow funds, either from the public treasury (*bayt al-mal*) or elsewhere, for the lessee to hire transport, this is permissible according to the apparent view of Ahmad. If the judge borrows from the lessee to cover the hiring costs, this is also permitted, and it becomes a debt on the driver's responsibility.