What is the ruling if the digger encounters rock or solid matter preventing further digging?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the digger reaches rock or solid material that obstructs further digging, he is not obligated to excavate it because this constitutes a condition contrary to what was observed of the land initially. Since the initial observation of the land was considered due to its varying nature, encountering something different than observed grants the digger the option to rescind the contract.
Supporting text
If the contract is rescinded, the wage must be apportioned based on the work completed versus the remaining work. This apportionment cannot be done by counting the number of specified arm-lengths (dhirāʿ) because removing earth is easier from the top of the well than from the bottom. If water springs forth preventing digging, this situation is treated the same as encountering rock.