for fifty riyals per day if he were present. But if he is absconding, he will be leased out for five or ten riyals per day. Thus, if the lessee finds him, he gains; but if he does not find him, he loses. The legal maxim is: “Every contract that fluctuates between gain and loss is invalid,” because it is gambling. It also falls under the Prophet’s prohibition of sales involving excessive uncertainty. (1)

His statement: “and a stray camel” means a camel that has wandered off. For example, a man has a camel that has strayed and fled, and another person comes to lease it from him, saying, “I want to lease the camel from you for a month for such-and-such an amount, beginning today.” He may find it today, or he may not find it until ten days later, or he may never find it at all. We say: this is a defective and invalid lease, because it cannot be delivered. Inability to deliver means that the lessee may either gain or lose.

His statement: “that the property contains the benefit” refers to the fourth condition concerning the leased property. This is an important condition, because the subject matter of a lease is the benefit. Therefore, the property must possess that benefit. If it does not possess this benefit, then it amounts to wasting money for no benefit. Hence, he said:

“A lease of a disabled animal for carrying loads is not valid.” A disabled animal is one that cannot walk. If someone came to lease it in order to carry loads upon it, we would say: this