Ijara (leasing)

The meaning mentioned in the foundational work and in al-Jami al-Saghir is that the benefits in leasing are not possessed all at once but thing by thing: the invocation of excuse therein therefore stands like a defect occurring before taking possession; and the defect occurring before taking possession, in sale, grants the contracting party the right of rescission, and that does not depend upon judgment (of a court) nor consent. So it is here. And among our shaykhs, some have detailed it, saying: if the excuse is apparent, no judgment is needed; if it is hidden, like a debt, judgment is required so that the excuse appears and ambiguity disappears. And this is sound.

In the name of Allah, the Most Merciful, the Most Compassionate. (Chapter) And the hiring of the mount is likewise, and it is permitted that upon you (be) its fodder, or the food of its owner, or that he (owe) your food.

Chapter on the hiring of the mount. (Chapter) on the exposition of the rulings of hiring beasts and mounts. "And the hiring of the mount is likewise", that is, the hire of a rational being and transport possible, other than the ship and the beast, whose validity depends upon a contracting party and a wage, like sale; and permission, prohibition and obligation from the mere contract, along with the other previous rulings. Ibn Shas said: the categories of hiring are three: the first category is the hire of a human being, the second category is.