Hire of a mount in turns (kira al-aqib)

كِرَاء الْعَقِب

Hire of a mount in turns is letting a beast to two people, so that one rides for some days and the other for others, or one rides a stretch of the road and the other a further stretch; the name comes from each following the other in turns. Most jurists allow both forms, with custom followed where it exists and lots drawn if the two dispute who starts. The Hanbalis allow it only when the rider is named; the Shafi'is in the sounder view forbid it; the Hanafis and Malikis allow it. 1 2 3

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At a glance

Era
The Prophetic Era
Region
Global / Diaspora
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Trade and finance

Summary

Kira' is rent, and 'aqb is succession. In the jurists' terms, kira' al-'aqb is letting a beast to two people, so that one rides for some days and the other for others, or one rides a stretch of the road and the other a further stretch. It takes its name from each of them following the other and riding in his place 1.

Ruling

Most jurists allow both forms. Where a regular custom of time or distance exists, it is followed; otherwise the parties agree 1. If the owner is stipulated to ride first, the contract is void in a lease of a specific beast, because it delays the hirer's right and ties the hire to the future 1 2.

Counting the time

The time counted in the turns is riding time, not the time spent dismounting. If one of them gets down to rest or feed the beast, that time is not counted, since what is wanted is the distance covered, not the time itself 1. If two people hire a beast that cannot carry both, the contract is read as alternating, and they divide by time or distance; if they dispute who starts, lots are drawn. If the beast can carry both, both ride 1 2.

Disagreement over the turns

If the two agree to ride one day and walk the next, or three days and three days, or any other pattern, it is allowed. If they disagree, neither is compelled to accept the other's pattern, since it harms each of them and the beast 2. If two people hire a camel to ride it in turns, it is allowed, and they divide the distance by agreement or by assignment; Ibn Qudama suggests it may be valid only if each is given a specific ride 2 3.

The Shafi'i and Hanbali positions

The sounder Shafi'i view forbids kira' al-'aqb in both forms, since it is the hire of disconnected periods. Other Shafi'i views allow the form in which the beast is hired to two people, because the period of hire is continuous, and allow both forms if the hire is owed as a debt. Al-Muzani holds that it is valid only if guaranteed as a debt 2. The Hanbalis, as Ibn Qudama reports, hold that it is valid only if the rider for each turn is named 3.

The Hanafi and Maliki texts

Hanafi texts on the pilgrimage imply that the hire of a mount in turns is permitted: a person who can hire a mount to take him by turns for a league or a stage is not obliged to go on foot. The Malikis allow the hirer to stipulate that the hired man rides the sixth mile with the hirer or in place of him, after every five miles, which is well known as a practice. The Maliki 'uqba is the sixth mile 3.

People and things also explored

Al-Madina Souq, Aleppo· Bazaar of Tabriz· Khan el-Khalili· Al-Hamidiyah Souq· Souq Waqif· Ajr al-mithl (customary wage)· Akhi Baba (title of the guild shaykh and tanners' head)· Akik (the cornelian stone, used in seal-rings)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13231
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13232
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13233
Cite this page

islam.museum contributors. “Hire of a mount in turns (kira al-aqib)”. islam.museum, https://islam.museum/en/concept/kira-al-aqib/. CC BY-SA 4.0. Last updated 2026-10-23.

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Al-Madina Souq, Aleppo

The world's longest historic covered souq (13 km) in old Aleppo; a large part burned in the 2012 fighting and has been restored.