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Summary
Yahya said: I heard Malik say: the practice among us is that when a man hires a mount to a named place, and then goes beyond it and further. The owner of the mount has a choice: if he wishes to take the hire for the mount to the place where it was exceeded, he is given that and receives his mount, and he has the first hire. If the owner wishes, he has the value of his mount from the place where the hirer exceeded, and he has the first hire, if it was hired for the outward journey. If it was hired for both the outward and return journeys, and the hirer exceeded when he reached the city he hired it to, then the owner of the mount has only half the first hire, because the hire is half for the outward and half for the return. If the mount perished when it reached the city he hired it to, the hirer bears no liability, and the lessor has only half the hire. 1
Place in the museum
Belongs to the Muwatta, Book of Judgments. Source: the Muwatta. Mentions Yahya ibn Yahya al-Laythi, Malik ibn Anas. Built on in the chapters on hire.
Connections
- Part of
- Muwatta, Book of Judgements (aqdiya)
- Mentions
- Yahya ibn Yahya al-Laythi· Malik ibn Anas
- Basis for
- Lease and hire (ijara)
People and things also explored
Muwatta 2073· Muwatta 2103· Muwatta 2104· Muwatta 2105· Muwatta 2108· Muwatta 2111· Muwatta 2123· Muwatta 2124
Sources
- Muwatta, recension of Yahya ibn Yahya al-Laythi (ed. Bashar Awwad Ma'ruf) , p.276
Cite this page
islam.museum contributors. “Muwatta 2143”. islam.museum, https://islam.museum/en/passage/muwatta-22-2143/. CC BY-SA 4.0. Last updated 2026-10-17.