before its expiry,” meaning before the end of the term, “he remains liable,” meaning that he remains liable for the rent.
Another example: A person rents this house for three months and lives in it for two months; then he decides to return to his hometown, with one month still remaining. Is he liable for the rent of the remaining month? Yes, because the lessor says: “I am not preventing you from making use of the benefit.”
A lease is therefore a binding contract. If it is terminated by the lessor, he is entitled to nothing; if it is terminated by the lessee, the lessee remains liable for the rent; and if it is terminated by their mutual agreement, the lessee is liable for the period during which he occupied it, but for no more than that. Thus, if he rents it for one thousand for a term of three months, and after one month has passed he and the lessor agree to terminate the lease, then he is not liable for anything further; however, he is liable for the month in which he occupied it. As for the remainder, he owes nothing, because they agreed to that.
The author then explained what causes a lease to terminate:
“It is terminated,” meaning, the lease.
His statement, “by the destruction of the leased property,” is because taking the benefit has become impossible. Thus, if he leases him a house and it collapses, the lease is terminated, and the lessee is liable for the rent corresponding proportionately to the elapsed part of the term. If he rented it for one year at one thousand two hundred, and the house collapsed after six full months, he is liable for six hundred. But if it so happens that the period in which it collapsed is a peak season, during which properties are more expensive—for example, if the final four months are worth two-thirds of the rent, as occurs with houses in Mecca and Medina—then the rent is apportioned according to the value of the benefit, not according to the length of time. Thus, six months, if the rent is distributed over them along with the remainder