What is the ruling if the remaining utility of a leased item is not permissible under the original contract?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the remaining utility of a leased item is one that is not permissible to utilize via the contract—such as a beast hired for riding becoming fit only for carrying burdens, or vice versa—the contract is voided unanimously. This is because the remaining benefit cannot be lawfully enjoyed under the terms of the original contract, just as its sale would be unlawful if it were defective.