What is the ruling regarding the death of the camel driver during the lease period?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 7 · Bab 1

Open in Qurani

Primary text

The ruling on the death of the camel driver is the same as the ruling on his flight. Abu Bakr stated that the established position of Ahmad is that the death does not dissolve the lease. The lessee may ride the animal, must not be extravagant in its fodder, nor fall short, and shall seek reimbursement from the estate of the deceased for these necessary expenses.

Supporting text

If the lessee does not possess funds to cover the expenses, he is not permitted to sell any of the animals because selling is only permissible for the owner, his representative, or someone who has authority over the property.