whether he prevents him for part of the term due to an excuse or without an excuse. This is because, with respect to people’s rights, no distinction is made between an excuse and otherwise.
It may, however, be said that if there is an excuse, the lessee remains liable for the rent of the remainder of the term. An excuse would be, for example, if the owner of the house is prevented from taking possession of it. In that case, we say that he is entitled to the rent for the remainder of the term, while the lessee may seek compensation from the person who prevented him, corresponding to the period for which he prevented him.
For example, a man leases a house to someone for one year beginning from the present time, but soldiers seize the house unlawfully and it is not handed back to its owner until half a year has passed. The owner of the house is excused and is entitled to half the rent, because the house was delivered only at the midpoint of the term. The lessee may seek compensation from the soldiers who prevented the owner from it; but if he is unable to pursue them, he may not seek recourse against the lessor, for the lessor may say: “This occurred without any choice on my part.”
“If the other party changes his mind before its expiry, he remains liable. The lease is terminated by the destruction of the leased property; by the death of the nursing infant or the rider, if he leaves no substitute; by the extraction or healing of a molar, and the like…”
His statement, “If the other party changes his mind,” means the lessee.
His statement, “before its expiry, he remains liable,” means that if he declines to occupy it, he remains liable for the full rent. It should not be said that he is liable only for the rent corresponding to the period [that has passed], because the lessor says: “I have now delivered the house to you in return for rent. The rent has therefore become due from you as a debt, and the benefit has become due to you; and you have taken possession of that benefit.”
For example, a man rents a house for the vacation period, which is three months, at one thousand riyals per month. Then the lessee is delayed and does not arrive in the town until one month has passed. He is therefore liable to the lessor for three thousand riyals—that is, the full rent—because the lessor did not prevent him or do anything else. Rather, he made the leased property available, but the delay came from the lessee. For this reason, he said: “If the other party changes his mind”