through a valley bottom, or not to travel with it at night, along with similar conditions. If he transgresses this and something he was carrying is destroyed during that transgression, he is liable. As for anything else, the condition of liability is not valid; if he stipulates it, the condition is not binding, because that for which liability is not obligatory cannot be made liable by a condition, and that for which liability is obligatory cannot be negated by a condition of its negation. From Ahmad, it is reported that he was asked about this and said: "Muslims are bound by their conditions." This indicates the negation of liability through its condition and its obligation through its condition, according to his saying—peace and blessings of Allah be upon him: "Muslims are bound by their conditions." As for if he hires out an item and stipulates that he shall not travel with it at night, or during the time of the siesta, or that he shall not lag behind the caravan, or not place his travel at the end of it, or not take a specific route, and similar things for which he has a contrary interest, he is liable, because he is a transgressor against the condition of his hire, so he is liable for what was destroyed by it, just as if he stipulated that he should not carry on it except one qafiz, and he carried two.

Section: If the lease is invalid, he is also not liable for the item if it is destroyed without negligence or transgression; because it is a contract whose valid form does not require liability, so its invalid form does not require it either, like agency and silent partnership (mudaraba). The ruling of every invalid contract regarding the obligation of liability is the same as its valid form; so that which requires liability in its valid form requires it in its invalid form, and that which does not require it in its valid form does not require it in its invalid form.

Section: The lessee may strike the riding beast to the extent customary, curb it with the bridle for its correction, and urge it to travel to catch up with the caravan. It has been established that the Prophet—peace and blessings of Allah be upon him—poked Jabir's camel and struck it.