not guaranteed (daman). This is the position of the scholars of reasoning (Ashab al-Ra'y), and the scholars of al-Shafi'i have a difference of opinion regarding this. If the object is returned during the lease period and he had not rescinded it, he shall fulfill the remainder of it, and regarding the past duration of the period, he is given the option as we have mentioned. If the lease was for a task, such as sewing a garment or transporting something to a specified location, and his camel upon which he carries is usurped, or his slave who sews for him, the contract is not rescinded. The lessee has the right to demand that the employee provide a substitute for the usurped [means or person], or provide someone who performs the work, because the contract is regarding what is in the liability (dhimmah), just as if he found a defect in an item subject to an advance payment (salam) and returned it. If a substitute is impossible, the lessee is granted the option between rescission or waiting until he can obtain the usurped object to fulfill [the task] from it.

Section: The fourth division is that the fulfillment of the benefit from the object becomes impossible due to an action stemming from it, such as if the slave runs away or the beast strays, and we have already mentioned the ruling for this prior to this.

Section: The fifth division is that a general fear occurs that prevents the occupancy of the location where the leased object is situated, or the city is besieged, thus preventing travel to the leased land for cultivation and the like. This grants the lessee the option of rescission, because it is an overwhelming circumstance that prevented the lessee from fulfilling the benefit, so it establishes an option, just like the usurpation of the object. If he leased a beast to ride or carry upon it to a specific place, and the road to it was cut off due to an emerging fear, or he hired transport to Mecca but the people did not perform the Hajj that year via that route, then each of them has the right to rescind the lease. If he wishes to maintain it until the time when the benefit can be fulfilled, it is permissible, because the right belongs to both of them and does not extend beyond them. As for if the fear is specific to the lessee, such as him being afraid alone because of the proximity of his enemies to the leased location, or their presence on his path, he does not possess the right to rescind, because it is an excuse