the owner equal to the amount stipulated in the contract, nothing would be owed by the lessee, and if there were any surplus, the owner would be obligated to pay it to the lessee. The first view is preferable, and it is the apparent position of the Shafi'i school. If the owner disposes of it before delivery of the object, or refuses to deliver it until the lease term has expired, the lease is rescinded in every respect; because the contracting party has destroyed the object of the contract before its delivery, so the contract is rescinded, just as if he had sold him food and destroyed it before delivery. If he delivers it to him during the term, it is rescinded for the past, and the rent for the remainder is due proportionally, like a sold item if part is delivered and part is destroyed.

895 - Issue: He said: "If the owner removes him before the period expires, he is not entitled to rent for the period he resided in it."

Meaning, if he leases a property for a term, resides in it for part of the term, and then the owner evicts him and prevents him from completing the residence, he is not entitled to any of the rent. The majority of jurists say: He is entitled to rent for the period he resided, because he utilized the property of another by way of exchange, so he is liable for its compensation, like a sold item if he utilizes part of it and the owner prevents him from the remainder, and like the case if the fulfillment of the remainder becomes impossible due to an overwhelming circumstance (amr ghalib). Our position is that he did not deliver to him what the lease was contracted upon, so he is not entitled to anything, just as if he had leased him to carry a book [to a location], and he carried it for part of the way, or leased him to dig twenty cubits, and he dug ten and refused to dig the rest. An analogy of a lease to a lease is more appropriate than an analogy to a sale. It differs from the case where he refuses due to an overwhelming circumstance, because in that case, there is an excuse. The ruling is the same for someone who hires a riding animal, and the lessor refuses