What is the ruling when the lessor and lessee disagree regarding the amount of rent due?
General Chapter
Al-Mughni
Book of Leasing
Primary text
When a lessor claims the rent agreed upon was one dinar for a year, and the lessee claims it was two dinars, both parties must swear an oath (tahalluf), and the lessor must swear first. This is the position affirmed by Ahmad and is the view of Al-Shafi'i because hiring (ijarah) is a type of sale. If the dispute occurs before any part of the period has passed, the contract is dissolved, and each party recovers their property. If one party agrees to the oath sworn by the other, the contract remains valid. If the contract is dissolved after the period or any part thereof has passed, the named rent is nullified, and the fair market rate (ajr al-mithl) becomes obligatory, similar to a dispute over the sold item after its destruction.
Supporting text
Abu Hanifa agrees with the dissolution and mandatory fair rent if no work has been performed. However, if work has been performed, the lessee's statement regarding the fair market rent is accepted. Abu Thur states that the lessee's statement is accepted because he is denying an increase in the rent, and the statement of the denier is generally accepted. Ibn Abi Musa favors the owner's statement based on the Hadith: "When the two contracting parties disagree, the statement of the seller is accepted."