the subject of the contract without this burden. If he was strong at the time of the contract but then became weak during its duration, or weak and then became strong, the consideration is the state at the time of riding, because the contract necessitates his riding according to custom. It is incumbent upon the camel-driver to make the camel stand so that he may dismount for obligatory prayer, to relieve himself, or for purification, and he must leave the camel standing until he does so, because he cannot perform any of these things on the back of the camel. As for what he is able to perform upon it, such as eating, drinking, or performing voluntary prayers (sunan) and the like, it is not incumbent upon the camel-driver to make the camel kneel for him, nor to stop the camel for his sake. If the rider intends to complete the prayer and the camel-driver demands that he shorten it, he is not obligated to do so; rather, it shall be light while being complete. Whoever hires a camel for a person to ride himself, and he delivers it to him, nothing else is incumbent upon him, because he has fulfilled what he contracted for, so nothing else is required of him.

Section: If one hires a mount on a route where the custom is to dismount and walk when approaching the station, and the lessee is a woman or a weak person, he is not required to dismount, because he hired it for the entire route and no custom of walking was established for him, so he is obligated to carry him for the entire route, like baggage. [If he is a robust, strong person, there are two views regarding him; one of them is that he is not] (19) required to dismount either, because he contracted for [the entire route], so he is not obligated to leave it in any part of it, like the weak person. The second [view] is that he is required to, because it is customary, and what is customary is as if it were stipulated.

Section: If the camel-driver flees during part of the route, or before entering it, there are two possible situations. One is that he flees with his camels; in this case, one must look: if the lessee cannot find a judge, or finds a judge but it is not possible to establish the situation before him, or if it is possible to establish it before him but he cannot obtain the means to hire another to fulfill his right from the [camel-driver’s assets], then the lessee has the right to rescind the lease, because he is unable to take possession of the object of the contract, similar to when a purchaser becomes insolvent or the goods for which payment was made in advance (muslam fihi) are cut off at the time they are due. If he rescinds the contract and the camel-driver had already received the wage, it becomes a debt in his liability. If he chooses to remain with the contract, and the lease is for work as a liability, he may do so, and whenever he is able to reach the camel-driver, he may demand it from him. If the contract is for a duration that expires during his flight, the contract is rescinded by that.