either party’s return, whether the hire charge has been paid or not—except according to Ashhab, who holds that both parties swear oaths and rescind the contract whether restitution remains possible or not. Accordingly, they swear oaths and rescind the contract whether or not the journey has begun and whether or not payment has been made. The same ruling applies if they disagree over the nature of the hire charge, apart from the position we related from Ibn Habīb concerning consideration of customary practice when they disagree over the nature of the payment. We explained that his position rests on taking greater plausibility into account while restitution remains possible, in cases otherwise requiring both parties to swear oaths and rescind the contract.
Likewise, according to Ibn al-Qāsim, both parties swear oaths and rescind the contract if they disagree over the total distance before the journey begins, or after travelling a short distance from which neither would suffer harm by returning, whether or not payment has been made. Another scholar said that, if payment has been made, the owner’s account is accepted. According to Ashhab, both parties swear oaths and rescind the contract whether or not the journey has begun and whether or not payment has been made.
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If they disagree over the amount or nature of the hire charge after travelling far enough that returning would cause them harm, the hirer’s account is accepted, whether or not payment has been made and whether or not the owner’s account is plausible. If the hirer refuses to swear, the owner’s account is accepted, whether or not it is plausible. If the hirer’s account is implausible and the owner’s account is plausible, the latter’s account is accepted. If the owner’s account is also implausible, both swear oaths, and the hirer must pay the customary hire charge. The contract is not rescinded, because returning would cause them harm. The same applies if both refuse to swear.
If one swears and the other refuses, the account of the party who swears is accepted upon his oath, even if it is implausible. According to Ibn al-Qāsim, this applies whether or not the contract concerns a specified mount. Another scholar said in al-Mudawwana, “Hiring a specified mount is not like hiring under an undertaking to provide one.” He means that, in the latter case, the hire contract between them is rescinded if both swear oaths, and the owner is not obliged to convey the hirer to the destination, unlike a contract for a specified mount.
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If they disagree over the total distance after a substantial part of the journey has been travelled, whether or not they have reached the destination on which they agree, and before payment has been made, there are three possible cases: (The first)