Al-Hasan, because the hire contract is based on the task, and the duration is mentioned for expedition, so it is not prohibited (14). According to this, if the work is completed before the expiration of the duration, he is not obligated to work during the remainder of it, because he fulfilled what was upon him before its time, so nothing else is required of him, just as if he paid off a debt before its due date. If the duration passes before the work is done, the hirer has the right to dissolve the hire contract because the hired party did not fulfill his condition. If he is satisfied with keeping him on, the hired party does not have the right to dissolve it, because the failure to fulfill the condition is on his part, so it cannot be a means for him to dissolve it, just as if the delivery of an item subject to a forward sale (salam) became impossible at its appointed time; the recipient does not possess the right to dissolve it, but the payer (muslam) does. If he chooses to execute the contract, he demands the work and nothing more, like the payer (15) who waits when the delivery of a forward sale item is impossible until it becomes available; he is not entitled to more than the forward sale item. If he dissolves the contract before any work is performed, the wage and the work are dropped. If it is after some of it is performed, he is entitled to a fair wage for it, because the contract has been dissolved, so the specified wage is dropped, and it reverts to a fair wage.

Section: Whoever rents a riding animal until the 'isha', the end of the duration is until sunset. This is the view of Al-Shafi'i. Abu Hanifah and Abu Thawr said: Its end is when the sun passes its zenith (zawal), because 'isha' is the end of the day, and the end of the day is the second half starting from the zenith. For this reason, it is mentioned in the hadith of Dhu al-Yadayn from Abu Hurayrah, who said: "The Prophet (blessings and peace of Allah be upon him) led us in one of the two night prayers," meaning [Dhuhr or 'Asr] (16). This is its interpretation. Our evidence is the saying of Allah the Almighty: {after the 'isha' prayer, three [times] of privacy for you} (17), meaning the 'atamah (late night prayer). The Prophet (blessings and peace of Allah be upon him) said: "Were it not that I would burden my nation, I would have delayed the 'isha' prayer until the third of the night" (18). The ruling is tied to sunset because this prayer is called (19) al-'isha' al-akhirah (the final night prayer), which indicates (20) that the first one is the Maghrib, and it is so in usage, so it is necessary that the ruling be tied to it; because when a duration is set to a time, it is tied to its beginning, just as if he set it to night. What they mentioned is not correct, because the term 'ashi is different from the term 'isha', so it is not permissible to use one as proof against the other until evidence is established that the meaning of the two terms is the same. Even if it were established that their meanings were the same, if those familiar with common usage do not recognize it, no ruling can be tied to it. The same ruling applies if he rents it until the 'ashi, because those familiar with common usage do not recognize anything other than what we have mentioned. If he rents it until night, it is until its beginning. Likewise, if he rents it until the day, it is until its beginning. It is possible to interpret that the night is included in the first duration, and the day in the second, based on what we have mentioned in [the duration of the option] (21), but the first is more correct. If he rents it for a day, it is until sunset. If he rents it for a night, it is until the break of dawn, according to the opinion of everyone, because Allah the Almighty said regarding the Night of Decree: {Peace it is until the rise of dawn} (22). And the Almighty said: {It has been made permissible for you the night preceding fasting to go to your wives [for sexual relations]} then He said: {And eat and drink until the white thread of dawn becomes distinct to you from the black thread [of night]. Then complete the fast until the night} (23).

Section: If he rents a tent to Mecca and does not say when I will depart (24), the rental is invalid. This is the view of Abu Thawr, and it is the analogical deduction (qiyas) of the view of Al-Shafi'i. The proponents of reason (Ashab al-Ra'y) said: It is permissible by way of juristic preference (istihsan).