What is the ruling when a specific hired item (like a slave or camel) perishes before use in an Ijara (lease) contract?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If an Ijara contract is concluded for a specific entity (a defined object, like a slave for service or a camel for transport), and that entity perishes, the contract is annulled upon its destruction. If the item turns out to be rightfully someone else's property (estحقاق), the contract is voided from the beginning. If the item is returned due to a discovered defect, the contract is dissolved, and the lessor cannot provide a replacement. These rulings apply because the object of the contract is a specific, identified item, analogous to the sale of a specific item.