What is the ruling if the rented item perishes while the lessee is prevented from using it?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the item perishes, the contract is divided into three scenarios. If it perishes before the lessee takes possession, the Ijarah is dissolved without dispute because the subject matter perished before possession, similar to sold goods before receipt. If it perishes immediately after possession, the Ijarah is also dissolved, and the rent is forfeited according to the majority of jurists. If it perishes after some period of the term has passed, the Ijarah dissolves for the remaining period only, and the lessor is due the rent proportionate to the benefit enjoyed.
Supporting text
The opinion of Abu Thawr is reported stating that the rent remains due because the subject matter perished before the receipt of the benefit, similar to sold goods. This is considered erroneous because the subject matter is the benefits, which are possessed through utilization or the ability to utilize, which did not occur fully before perishing.