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    2229. If a butcher slaughters an animal, in a manner that renders it har¡m, he will have to give its value to the owner, regardless of whether he has taken wages for slaughtering it, or has performed it free of charge.

    2230. If a person rents an animal, and specifies the weight of the load he can place on it, then if he loads an amount that is greater than it, and the animal dies or develops a defect, he will be held responsible for it. Similarly, if he had not specified the load amount, but loaded an amount that is greater than what is normal, and the animal perishes or develops a defect, he will be held responsible for it. In both cases, he must pay the equivalent rent for the excess use of the animal.

    2231. If a person rents out an animal for the purpose of carrying fragile items, and the animal slips or stampedes, causing the load to break, the owner will not be held responsible for it. However, if he (the owner of the animal) causes the animal to fall by beating it or doing something similar, whereby causing the goods to break, then given that the owner of the items had not permitted it, the owner of the animal will be responsible for it.

    2232. If a person circumcises a baby with the permission of its guardian, and causes harm to the baby, or causes it to die, he will be held responsible if he cut more than the normal amount. However, if he did not cut more than the normal amount, was skilled at circumcising, while not falling short in treating it, and the guardian did not charge him with the task of determining any possible complications, then in the case of causing harm, to claim that he is excusable is problematic, unless he had obtained a waiver from the guardian. As for the case of causing death, if he had not obtained a waiver from the guardian, he will be held responsible for it.

    2233. If a doctor himself prescribes a medicine to a patient, and errs in treating him, whereby causing harm to the patient, or causing him to die, the doctor will be responsible for it. However, if he simply states, “This particular medicine is beneficial for this particular illness,” leaving the patient to decide for himself, and consuming it causes harm to the patient, or causes him to die, the doctor will not be responsible for it.

    2234. If a doctor states to a patient, “If you are harmed (by this medicine), I am not responsible for it,” then in the event that he is a professional doctor, and exercises due care and precaution, but it causes harm to the patient, or causes him to die, the doctor will not be responsible for it, even though he may himself have given the medicine to the patient.

    2235. A lessor and a lessee may cancel the lease agreement with each other’s consent. Similarly, if they stipulate within the lease agreement that both of them, or one of them, has the right to cancel the lease, they may cancel the lease in accordance to their agreement.

    2236. If the lessor or the lessee realizes after leasing that he has been cheated, he may cancel the lease. However, if they had stipulated within the lease agreement that even if one of them had been cheated, he does not reserve the right to cancel the lease, they cannot cancel the lease.

    2237. If a person rents out an item, and it is usurped before he can hand it over, the lessee can cancel the lease, and claim back the payment that he had given to the lessor. He can also choose not to cancel the lease, and instead claim back the amount pertaining to the period wherein the leased item is in the possession of the usurper, from the usurper, based on the normal rent, which is the equivalent rent. Therefore, if he rents an animal for a month for $100, and someone usurps it for 10 days, and the equivalent rent for 10 days is $150 dollars, he may claim $150 dollars from the usurper.

    2238. If a lessee takes possession of the leased item, and then it is usurped by someone else, the lessee does not have the right to cancel the lease. He only reserves the right to claim the rent from the usurper according to its equivalent rent.

    2239. If the lessor sells the land to the lessee before the completion of the rental period, the lease is not nullified. The lessee will have to pay the rent. The same applies if he sells it to someone else.

    2240. If prior to the commencement of the rental period, the (rented) land gets destroyed to an extent that renders is entirely unusable, or renders it unusable for the purpose that it was rented for, the rental agreement will be void, and the tenant is refunded the amount that he had paid to the landlord. If the land is in a state that the tenant can only make minimal use of it, he reserves the right to cancel the lease.

    2241. If a person leases a land, and after the passage of a part of the lease period, the land gets destroyed to an extent that renders it entirely unusable, or renders it unusable for the purpose that it was leased for, the lease for the remaining period is rendered void. The tenant may also cancel the lease for the preceding period, and pay the equivalent rent for that period.

    2242. If a house that contains—for example—two rooms is rented out, and one of the rooms gets destroyed, then in the event that the features that were destroyed were not the subject of the rent, and the landlord immediately rebuilds the room, wherein none of its usability is lost, the rental agreement will not become void. Additionally, the tenant will not reserve any right to cancel the agreement. However, if the reconstruction period takes so long that a period of the tenant’s use of the property is lost, the agreement becomes void for that period. Additionally, the tenant also reserves the right to cancel the rental agreement for the entire rental period, and pay the equivalent rent for the period that he had made use of the house.

    2243. If the lessor or the lessee passes away, the lease agreement does not become void. However, if the house is not the property of the lessor, such as the case wherein a person specifies in his will that as long as he (the lessor) is alive, all the benefits derived from the house belong to him, then in the event that he rents out the house and prior to the end of the lease agreement, passes away, the lease will become uncommissioned from the time that he passes away. If the current owner of the house accepts the lease for its remaining period, it will be sanctioned, and the rent for the period remaining after the death of the original lessor—in the event that the current owner accepts the lease—will belong to the current owner.

    2244. If an employer deputizes a contractor to recruit workers for him, and the contractor pays the workers an amount that is less than what he receives from the employer, it is forbidden for him to partake of the difference, and he must return it to the employer.
    However, if he is hired to construct a building, and he reserves the right to construct it himself or to subcontract the task, then in the event that he constructs a part of it himself, and subcontracts the rest for an amount that is less than what he was hired for, it will be permissible for him to partake of the difference.

    2245. If a person who dyes clothes agrees to—for example—dye a cloth indigo, and instead he dyes it another color, he will reserve no right to claim any payment.

    The Precepts of Ju‘¡lah
    2246. Ju‘¡lah is a contract wherein a person offers to give a specific amount in return for a task that is performed for him. For example, such a person may declare that whoever (or he may specify a particular person) locates his lost property, he will give him ten dollars, or—for example—he will give him half of the lost property.
    The one who makes such a declaration is known as the j¡‘il or the offeror, and the one who performs the task is known as the ‘¡mil or the worker. There are various differences between a ju‘¡lah contract and a contract to hire (ij¡rah). Amongst these differences is that upon the realization of a contract to hire, the hired person is responsible and must complete the specified task. In return, the one who has hired him owes him the wages. However, in a ju‘¡lah, even though the worker may be a specific person, he has the right to abstain from performing the task, and in return the offeror does not owe him anything until he completes it. In addition, the validity of a contract to hire is dependent upon the other party’s acceptance, whilst it is not so in a ju‘¡lah.

    2247. The offeror must be a sane and b¡ligh person, and should make the offer of his own volition and should not be wrongfully coerced into making the offer. He should also be permitted according to the shari’a to dispose of the property that belongs to him. Hence, the ju‘¡lah formed by a feeble-minded person (a person who wastes his property on futile ventures) or a person who has been interdicted by the ¦¡kim al-shar’yy from disposing of his wealth due to bankruptcy, is not valid.

    2248. The task that the offeror requests to be performed for him should not be futile, prohibited, or an obligatory task that—according to the shari’a—must be performed free of charge. Therefore, if a person declares that he will offer ten dollars to whoever wanders into a dark area in the middle of the night, or consumes wine, or offers his obligatory prayers, the ju‘¡lah will not be in order.

    2249. If a person specifies the property that he will be giving, such as stating that he will give this wheat to whoever locates his horse, it will not be necessary for him to specify the source of the wheat or its value. Similarly, if he does not specify the property, such as stating that he will give ten kilograms of wheat to whoever locates his horse, the ju‘¡lah will nonetheless be valid. However, the highly emphasized precaution is that its characteristics should be specified completely.

    2250. If the offeror does not specify a particular wage for the task, such as a case where he offers to give some money to whoever locates his child, and does not specify its amount, then if someone performs the task, the offeror must give him a wage that is equivalent to the value of his work in the eyes of the people.

    2251. If a worker accomplishes the task prior to the formation of the contract, or does so after its formation with the intention of not taking any money, he reserves no right to claim any wages.

    2252. The offeror may retract his offer before the worker has started to perform the task.

    2253. If the offeror wishes to retract his offer after the worker has started to perform the task, it will be problematic.

    2254. The worker can choose to leave the task unaccomplished. However, if doing so inflicts a loss on the offeror, he must complete it. For example, if the offeror states that he will grant a particular amount to whoever operates on his eyes, and a surgeon starts operating on his eyes, then if the conditions are such that should the surgeon leave the operation uncompleted, it would lead to the offeror having a defective eye, he must complete operating on his eye. In such a case, should the surgeon leave the operation uncompleted, not only will he reserve no right over the offeror, he will also bear the responsibility for the damage and the defect.

    2255. If the worker leaves the task incomplete, and the task is of a nature that it contains no benefit for the offeror until it is completed, such as locating a horse, the worker cannot claim any wages. The same will apply if the offeror offers the wages for completing the task, such as a case wherein he states that he will offer ten dollars to whoever stitches his clothes. However, if what he intends is to give an amount of money proportional to the amount of work that is completed, he must give the worker the wages for the amount of work that he has completed. However, the precaution in this case is that they should satisfy each other through a compromise settlement.

    The Precepts of Muz¡ra‘ah (Crop Share Lease Agreement)
    2256. Muz¡ra‘ah is contract wherein the owner (of a land) or someone who is vested with the powers of an owner, such as the guardian, the owner of its benefits, or a person who has a right over a piece of land, such as owing to the right of stone fencing, forms a contract with a farmer by placing the land at his disposal, so that the farmer may cultivate the land and give a part of the produce to the owner or the acting owner.

    2257. In a muz¡ra‘ah, the following issues are consequential in its validity:
    1. An offer by the owner and acceptance by the farmer. For example the owner may say to the farmer, “I have placed the land at your disposal,” and the farmer may respond by saying, “I have accepted,” or the owner places the land at the disposal of the farmer with the intention of cultivation, without uttering a word, and the farmer takes possession of the land. It is also permissible for the farmer to make the offer and for the owner to accept it.
    2. The owner of the land and the farmer should both be sane and b¡ligh. In addition, no one should have wrongfully coerced either of them to enter into the muz¡ra‘ah contract. The owner should also not be interdicted by the shari’a from disposing of his property, and this includes people who are feeble-minded and those who have been prohibited by the ¦¡kim al-shar’yy from disposing of their property due to bankruptcy. The same will apply to a bankrupt farmer, in the event that the act of farming by the farmer necessitates his disposal of his property. It is also not permissible to make a muz¡ra‘ah contract with a feeble-minded person without the consent of his guardian.
    3. The produce from the land should be distributed between the two. Hence if they stipulate that the entire produce would belong to one of them, or the produce which is harvested first or last belongs to one of them, the muz¡ra‘ah will be void.
    4. The share of each party should be an abstract fraction of the whole, such as a half or a third. Hence if the owner says to the farmer, “farm this land and in return give me whatever you wish,” or if a specific amount is fixed for the owner or the farmer, such as ten kilograms, the muz¡ra‘ah will be void.
    5. They should also specify the period for which the land will be at the disposal of the farmer, and it should be a period wherein it would be possible to harvest the crop. In fact, if they set a particular date as the beginning of the period and the day of harvest as its last day, it will also suffice.
    6. The land should by cultivable. The muz¡ra‘ah will also be in order if the land is not cultivable, but can be prepared for cultivation.
    7. If they both intend for a particular crop to be cultivated, they should specify the crop that the farmer must cultivate. However, if a particular crop is not under consideration, or if the crop that they intend to be cultivated is known, it will not be necessary to specify it.
    8. The owner should specify the land in a manner that the subject of the transaction should not be ambiguous. It is also apparent that specifying it in an abstract manner in a specific area is also sufficient, even though the pieces of land may be different from each other.
    9. The expenses that each of them must incur should be specified. However if the expenses that each of them must incur is known, it will not be necessary to specify it.

    2258. If the owner forms an agreement with the farmer that the amount that is spent on recovering and restoring the land, and the amount that is given as taxes would be deducted, and the remaining would be shared between them, their agreement will be in order. Similarly if the owner stipulates that a part of the harvest should be appropriated to him, and they know that after removing this part from the whole, there will be something leftover, the muz¡ra‘ah will be in order.

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