What is the ruling when the leased property (ayn) is usurped during the lease term?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the leased property is usurped, the lessee has the option to terminate the contract because their right is delayed. If termination occurs, the ruling is the same as if the contract dissolved due to the destruction of the property. If the lessee does not terminate until the lease period expires, they have the choice between two options: either terminating the contract and recovering the agreed-upon rent paid, or remaining in the contract and demanding the usufruct value (*ajr al-mithl*) from the usurper. This is because the contracted subject matter has not entirely vanished, but rather it has a substitute, which is its value, akin to the case where sold fruit is destroyed before harvesting.
Supporting text
It is possible, based on the narration that states usufruct gains from usurpation are not guaranteed (*la tudhman*), that the contract dissolves in all circumstances. This is the opinion of the Companions of al-Rā'y (Hanafis). There is scholarly disagreement among the companions of al-Shafi'i regarding this matter.