Accordingly, the deceased’s heir stands in his place, just as if he had leased some property and then died. If he leaves no heir, the judge acts on his behalf out of the estate, just as when a person had hired out his own labour for a specified task and then died.
Sub-issue
Should either party defer the race or archery match beyond the time that was fixed, then:
– If he has a valid excuse, the postponement is permissible.
– If he has no excuse and we hold the contract to be binding, the postponement is impermissible.
– If we hold the contract to be merely permissible (non-binding), the other party may either annul the agreement or choose to wait.
The same ruling applies if he delays completing the shooting after it has already begun.
Section: Adding to or reducing the prize, the number of volleys, or the length of the course in racing and archery contracts
There are six situations:
• Increasing or decreasing the distance.
• Increasing or decreasing the juʿl (stipulated prize).
• Increasing or decreasing the number of shots or the number of archers.
If we say the contract is non-binding, all of these alterations are permissible by agreement of both camps. But if we say it is binding, the Shāfiʿīs maintain that no addition or reduction may be appended, just as no increase may be added to the price once a sale has become binding, nor to the rent once it has become binding.