But if the disagreement arises after a period for which rent is due, the author says: “After a period has elapsed, the owner’s statement is accepted regarding the customary rental fee.” The owner says, “I rented it to you,” while the other says, “Rather, you lent it to me.” In that case, the owner’s statement is accepted along with his oath, because the basic principle is that whoever takes possession of another’s property is liable for it; and because the presumption is that a person does not give you control over his property except in return for compensation, while gratuitous use is exceptional.

But how is the rent assessed? If the owner claims that he rented it to him for ten riyals per day, do we say that the owner’s statement is accepted? No, because the one who took it has not admitted to a rental agreement at all. Rather, we refer to the customary rental fee, because Allah mentioned concerning a woman whose bridal gift was not specified that she is to be given provision; and the sunnah clarifies that this provision means that she is given the customary bridal gift, as stated in the hadith of Ibn Mas'ud (1). Thus, it is said: “For how much would this item be rented for one week?” If they say, “One hundred riyals,” we say: “Give one hundred riyals.” However, if the customary rental fee is greater than what the owner claimed, then, according to the established position of the school, we give him that amount even if it exceeds what he claimed. The second view is that we give him no more than what he claimed.

However, in this case the owner’s statement is accepted in one respect but not accepted in another.