in the case where he hires it from the lessee, for it is valid alongside what he mentioned (9). Once this is established, if the hire is for a period following the contract, there is no need to mention its starting point from the time of the contract. However, if it does not follow it, then the starting point must be mentioned, because it is one of the two ends of the contract, so knowledge of it is necessary, just like the end point. If he makes it absolute, saying: "I have hired it to you for a year, or a month," it is valid, and its start is from the time of the contract. This is the view of Malik and Abu Hanifah. Al-Shafi'i and some of our companions said: It is not valid until he specifies the month and mentions which year it is. Ahmad said, in a narration by Isma'il ibn Sa'id: If he hires an employee for a month, it is not permissible until he specifies the month. Our position is the word of Allah, the Exalted, reporting about Shu'ayb (peace be upon him): "on the condition that you work for me for eight years" (10), and he did not mention its starting point. Furthermore, it is an estimation by a duration in which there is no act of worship; thus, when he leaves it absolute (11), it must immediately follow the necessitating cause (12), like the duration of a salam sale and ila' (oath of abstinence). It differs from a vow, for that is an act of worship.
Section: The maximum duration of a hire is not limited. Rather, it is permissible to hire a tangible asset for the duration it remains, even if it is long. This is the view of all the scholars, except that the companions of Al-Shafi'i differed regarding his school of thought. Some of them said he has two opinions; one of them is like the view of the rest of the scholars, and this is the correct one. The second is that it is not permissible for more than one year, because the need does not call for more than that. Others said he has a third opinion: that it is not permissible for more than thirty years, because it is generally the case that tangible assets do not remain for more than that, and prices and wages change. Our position is the word of Allah, the Exalted, reporting about Shu'ayb (peace be upon him), that he said: "on the condition that you work for me for eight years; but if you complete ten, it is from you." The law of those before us is a law for us as long as no evidence has been established to abrogate it. Also, because whatever a contract is permissible for a year, it is permissible for more than that, just like buying.
(9) In the original manuscript: "we mentioned it". In manuscript M: "they mentioned it". (10) Surah Al-Qasas: 27. (11) In the original manuscript: "both left it absolute". (12) Omitted from the original manuscript.