The prayer is called (19) al-'isha' al-akhirah, 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),