What is the ruling when a lessee (Muktari) rents an animal for carrying two measures (Qafizayn) but carries three?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the lessee personally measured the load and the lessor (Mukri) was unaware, the ruling is that of someone who hired an animal for a specific load and exceeded it. If the lessor measured and loaded the cargo without the lessee's knowledge, the lessor becomes a usurper (ghasib) and has no wages for carrying the excess. If the animal perishes in this latter case, there is no liability upon the lessee because the loss occurred after an act of aggression by its owner (the lessor). The liability for the foodstuffs is the same as that of someone who usurps another's food.
Supporting text
If a third party (Ajnabi) handles the measuring and loading without the knowledge of either the lessor or the lessee, that third party is an aggressor against both. The animal's owner is owed wages, and liability for the goods attaches to the third party. Furthermore, the third party is liable to the owner of the food for the value of that food. This applies whether one party measured and the other loaded, or one party performed both actions.