so short that he might or might not reach that place within it, the hire is invalid by agreement. Likewise, if he says, “If you reach it by such-and-such a date, you will receive such-and-such an amount, but if you do not reach it until such-and-such a date, you will receive such-and-such an amount,” this is invalid by agreement and must be annulled. If travel has already taken place under the contract, then, according to Ibn al-Qāsim, the owner is entitled to the customary hire charge for comparable use, however much it amounts to, taking into account the speed or slowness of travel. According to the view attributed to another scholar in the Book of Task-Based Rewards and Hire, it must neither fall below the lower of the two charges nor exceed the higher.

The scholarly authorities have offered three interpretations of this latter view. The first is that the customary charge must neither fall below the lower charge nor exceed the higher, whether or not the destination is reached within the agreed period.

The second is that, if the destination is reached within the agreed period and the customary charge is below the lower of the two agreed charges, the payment must not fall below that lower charge. If the customary charge exceeds the higher of the two, however, the owner is entitled to it. If the destination is not reached within the agreed period and the customary charge exceeds the higher of the two agreed charges, the payment must not exceed that higher charge; but if the customary charge is below the lower of the two, the owner is entitled only to that customary charge. This is the interpretation of Ibn Abī Zamanīn.

The third is that, if the destination is reached within the agreed period, the payment must not fall below the higher of the two charges if the assessed value is lower, nor exceed it if the assessed value is higher. If the destination is not reached within the agreed period, the payment must not fall below the lower of the two charges if the assessed value is lower, nor exceed it if the assessed value is higher.

Section

The hire of riding camels and beasts of burden takes two forms: hire under an undertaking to provide an animal, and hire of a specified animal. The latter is when someone says, “I hire this beast of yours” or “this riding camel of yours,” whether or not he adds “this very animal”; or, “that particular beast of yours” or “that particular riding camel of yours.” This is permissible with immediate or deferred payment, provided that he begins riding at once or is to begin within a few days—ten or thereabouts. This was Mālik’s view. Ibn al-Qāsim said, “I do not approve of a delay of ten days,” meaning when payment is made in advance.

This applies when the beast or riding camel is present. If it is absent, payment may not be made in advance, because advance payment is not permissible when purchasing an absent item. As for hiring a particular riding camel on condition that