What is the ruling if the lease contract is for a specific service (e.g., sewing or transportation) and the means of performance is usurped?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the lease is for a service, such as sewing a garment or transporting an item to a specific location, and the camel used for transport or the slave used for sewing is usurped, the contract does not dissolve. The lessee must demand compensation from the lessor for the usurped item and arrange for another party to perform the work, as the contract pertains to what is owed on the performer's responsibility (*dhima*), similar to when a returned item sold with a defect is found to be defective. If obtaining a substitute becomes impossible, the lessee has the option to either terminate the contract or wait until the usurped item becomes available to fulfill the service stipulated.