refusing to deliver it during part of the term, or he hires himself or his slave for service for a term and refuses to complete it, or he hires himself to build a wall, sew, dig a well, or carry something to a place and refuses to complete the work—all are subject to the same ruling as the real estate when he refuses to deliver it, in that he is not entitled to anything, for the reasons we have mentioned.
Section: If the hired worker flees, the animal runs away, the lessor takes the object and runs off with it, or he prevents the lessee from obtaining the benefit of it without fleeing, the lease is not rescinded. However, the lessee is granted the option to rescind. If he rescinds, there is no further dispute. If he does not rescind, the lease is rescinded with the passage of the term, day by day. If the object returns during the term, he obtains what remains of it. If the term expires, the lease is rescinded due to the loss of the object of the contract. If the lease was for a described service in the liability (dhimma), such as sewing a garment, building a wall, or carrying something to a specific place, someone is hired from his wealth to perform it, just as if he had entered into a salam contract for something and the party fled; one is purchased from his wealth. If that is not possible, the lessee has the right to rescind. If he rescinds, there is no further dispute; if he does not rescind and waits until he is able to secure it, he has the right to demand the work from him, because what is in the liability is not lost by his fleeing. In every case where the hired worker refuses to perform the work, or the lessor prevents the lessee from utilizing it, if this occurs after some work has been done, he is entitled to no rent for it, as previously stated, unless he returns the object before the term expires or completes the work—if it is not for a specified term—before the lessee rescinds, in which case he is entitled to the rent for what he has done. As for if the animal runs away or obtaining the benefit becomes impossible due to no action of the lessor, he is entitled to rent proportional to what has been obtained in all cases.
896 - Issue: He said: "If an overwhelming circumstance (amr ghalib) occurs that prevents the lessee from the benefit of what was contracted upon, he is liable for rent in proportion to the duration of his utilization."
[In summary, whoever leases an object for a term and is obstructed from utilizing it, the situation falls into three categories:
First: The object is destroyed, such as an animal dying or a slave passing away, which is of three]
(5) Omitted from: the original, B. (1) Omitted from: the original.