What is the ruling if the hired person flees, the animal runs away, or the lessor takes the rented item and flees with it, preventing the renter from utilizing the benefit?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The contract of hire (Ijarah) is not dissolved immediately. Instead, the lessee obtains the option to dissolve the contract. If the lessee does not dissolve it, the contract dissolves day by day as time passes. If the item returns during the term, the lessee may utilize the remaining period. If the term ends, the contract dissolves due to the loss of the subject matter of the contract.
Supporting text
If the contract was for a specified performance (like tailoring or building), the lessor must hire someone from his own wealth to complete it, similar to a debt default. If this is not possible, the lessee gains the option to dissolve. If the lessee chooses not to dissolve and waits until the worker can perform, the lessor remains obligated to perform the work because the obligation remains attached to his liability (dhimma) and is not voided by the worker's escape.