What is the ruling on replacing provisions stipulated in a contract if the stipulated amount diminishes?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If a specific quantity of provisions (زاد), such as one hundred ratls, is stipulated in a contract, the ruling depends on the conditions. If the condition allows for the replacement of whatever diminishes due to eating or other causes, then replacement is permissible for the contracting party. However, if the condition explicitly states that provisions diminished by eating shall not be replaced, then replacement is not allowed. If the provisions diminish due to causes other than consumption, such as theft or accidental dropping, replacement is permitted because this eventuality did not fall under the stipulated terms.
Supporting text
The Hanafi position states that if the contract is silent (absolute/unrestricted) regarding the provisions, the party has the right to replace what is lost due to theft, dropping, or unusual consumption without scholarly disagreement. Furthermore, in the case of usual consumption, replacement is also permissible because the party is entitled to a known quantity, and the right to replace what is diminished applies equally, as it would for loss due to theft.