the benefit, whereas Allah the Exalted has made them equal in inheritance. Furthermore, if he were to recover half of the rent for the half in which the lease was invalidated, it would be obligatory for his brother to recover half of the benefit in which the lease was invalidated, since it is impossible to combine for him both the benefit and the taking of its compensation from another.

Section: If the lessee buys the object and then finds it to be defective and returns it, if we say that the lease is not rescinded by the sale, then it remains after the return of the object as it was before the sale. If we say that it has been rescinded, then the ruling regarding it is the same as if it had been rescinded by the destruction of the object. If the purchaser is a third party and the lessee rescinds the lease due to a defect, it is appropriate that the benefit return to the seller, because he is entitled to its compensation from the lessee, and if the compensation lapses, the compensated object returns to him. Furthermore, the purchaser owned the object stripped of the benefit for the duration of the lease, so it does not return to him, as he did not own it [in that state]. Some of the Shafi'i scholars said: It returns to the purchaser, because the benefit is subordinate to the substance, and it was only entitled through the lease contract, so when that ceases, it returns to him, just as if he bought a slave woman who is married and the husband divorces her. This analogy is not sound; for the benefit of intercourse, its compensation is established for the seller by the mere entry of the husband upon her, and the compensation is not apportioned over the duration; for this reason, the husband does not recover any part of the dowry if the marriage is rescinded or a divorce occurs, unlike the rent in a lease. For the lessor is entitled to the rent in exchange for the benefit, apportioned over its duration; so if he possessed the compensation for the future benefit and it ceased by way of rescission, the compensated object—which is the benefit—returns to him. Furthermore, the benefit of intercourse cannot be owned except through ownership of the substance or marriage; so if it returned to the seller, it would be owned without either of those. Also, it is a type that the husband is not permitted to transfer to another, nor is he permitted to exchange it for something else, whereas the benefit of the body is otherwise.

Section: When a lease is concluded for a specific object, such as leasing a slave for service, or for tending sheep, or a camel for carrying or riding, and it perishes, the contract is rescinded by its destruction. If it turns out to be rightfully owned by someone else, we establish that the contract is void. If he finds a defect in it and returns it, the contract is rescinded, and he does not have the right