and any food carried along for eating must be replaced if the party is travelling every single day, unless the route has clearly designated stations at which they stop.
When an animal is hired for carrying goods, the cargo has to be known. If it is present, the hirer must see it and, if it is in a container, examine it with his hand. If it is absent, its quantity must be fixed by measure or by weight, and its type—rather than the type of the animal—and its description must be stated when the contract is an ījāra ʿalā al-dhimma (liability hire), except when the load consists of glassware or the like.
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It is invalid to hire a Muslim for jihad or for any act of worship that requires an intention, save for the pilgrimage (hajj) and the distribution of zakat. It is, however, valid to hire someone to prepare and bury a corpse, to teach the Quran, and for custody (ḥaḍāna) and wet-nursing together or for either of them separately; the sounder view is that one of the two does not entail the other.
Custody means safeguarding the child and attending to him: washing his head, body, and clothes; oiling him; applying kohl; fastening him in the cradle and rocking it so that he sleeps, and similar tasks. If one is hired for both custody and nursing and her milk then dries up, the established position is that the contract is annulled for nursing only, but remains in force for custody. The sounder view is that ink, thread, and kohl are not chargeable to the copyist, tailor, or oculist respectively.
I say: al-Rafiʿi confirmed in his Commentary that one should refer the matter to customary practice; if custom is inconsistent, explicit specification is required, otherwise the ijāra is void. Allah knows best.
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The key of the house must be handed over to the tenant, and the cost of repairs lies with the lessor. If the lessor hastens to repair it, well and good; otherwise the tenant may annul the lease. Clearing snow from the roof is the lessor’s duty, while removing snow and sweeping the courtyard of the house is the tenant’s responsibility.
If an animal is hired for riding, the lessor must provide the kāf (saddle blanket), bardhaʿa (pad-saddle), khirām (crupper), thafr (girth-strap), bura (breastband), and khiṭām (bridle); the lessee must provide the maḥmal (saddle-litter), an awning, bedding, blanket, and their accessories. The sounder opinion concerning the saddle proper (sirg) is that custom determines the matter.
As for the container for the cargo, its provision is upon the lessor in a liability ijāra and upon the lessee in a lease of a specific animal, and the obligation rests with the lessor in