Abu Hanifah and his companions said: It is permissible for the lessee to cancel it due to an excuse regarding himself, such as if he leases a camel to perform Hajj, then falls ill and is unable to depart, or his funds are lost, or he leases a shop for textile commerce and his goods burn down, and similar cases; because with such an excuse, the fulfillment of the benefit contracted upon becomes impossible, and thus he possesses the right of cancellation, just as if he had leased a slave and the slave ran away. We argue that it is a contract whose cancellation is not permissible [while the benefit contracted upon is obtainable] without an excuse; therefore, it is not permissible due to an excuse in matters other than that which was contracted upon, just like a sale. Furthermore, if it were permissible to cancel it due to the excuse of the lessee, it would be permissible due to the excuse of the lessor, as a matter of equality between the two contracting parties and to ward off harm from either of the two contracting parties. Since it is not permissible in that case, it is not permissible here. It differs from the case of a slave running away, for that is an excuse regarding the subject matter of the contract.
893 - Issue: He said, "Whoever leases a property for a specified period, and then changes his mind before it concludes, the rent remains binding upon him in full."
The summary of this is that a lease is a binding contract which necessitates that the lessor owns the wage and the lessee owns the benefits. So, if the lessee cancels the lease before the expiration of its period and voluntarily abandons utilizing it, the lease is not voided, the wage remains binding upon him, and his ownership of the benefits does not cease, just as if one had purchased something, took possession of it, then abandoned it. Al-Athram said: I said to Abu Abd Allah: A man leased a camel, and when he arrived in Medina, he said to him, "Cancel it with me." He said: He does not have that right; the rent has become binding upon him. I said: What if the lessee became ill in Medina? He did not grant him the right of cancellation. This is because it is a contract binding upon both parties, so neither of the contracting parties possesses the right to cancel it. If he cancels it, the compensation required of him does not lapse, just as in a sale.
Section: There is no disagreement among the people of knowledge regarding the permissibility of leasing property. Ibn al-Mundhir said: There is consensus...
(13) Omitted from: the original, B. (14) Omitted from: the original. (1) Omitted from: the original, B. (2) In M: "between".