Whose testimony prevails regarding the timing of an item's destruction or change in condition while under lease?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the item perishes, or if the parties disagree on the time of the slave's absconding or illness, the statement of the lessee prevails. This is because the default is the absence of action (loss/change), and the lessee is more knowledgeable of what occurred while the item was in his custody.