Whose testimony prevails regarding alleged willful misuse of a rented item?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The statement of the lessee (Musta'jir) prevails. This is because the lessee is entrusted with the item, similar to a depositary (Mawda'). Furthermore, the presumption is the absence of wrongful action and exemption from liability (Dhaman).
Supporting text
If the lessor claims the hired slave absconded, the beast strayed or perished, and the lessor denies it, there are two narrations from Ahmad. One affirms the lessee's word based on the nature of trust, meaning no rent is due if the lessee swears he did not benefit from it, as non-benefit is the default. The second narration supports the lessor, as the default is soundness (Salamah) of the item.