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If, however, it is the hirer who seeks release with an additional payment, and the owner has not received the hire charge, or has received it but has not gone away with it, this is permissible provided the additional payment is made immediately, whether in dinars, dirhams, or goods. This is because the hirer has sold the transport owed to him by the owner in exchange for the additional payment received immediately, together with either the hire charge he recovers from the owner, if he has already paid it, or his release from liability for it, if he has not. There is therefore nothing objectionable in this. If, however, the additional payment is deferred, this is impermissible in all cases, as it involves replacing one debt with another.
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If, however, it is the owner who seeks release with an additional payment after receiving the hire charge and going away with it, this is impermissible in all cases, whatever the additional payment consists of and whether it is immediate or deferred. It involves an additional return on a loan, since the two parties may be suspected of presenting the transaction as a hire contract followed by rescission in order to make a loan with an additional return permissible between them. An exception applies if enough of the journey has already been completed to dispel suspicion concerning them. In that case, it is permissible if the additional payment is made immediately, but not if it is deferred, because that would involve exchanging one debt for another. Do you not see that the hirer has exchanged the transport owed to him by the owner for a deferred additional payment? This, then, explains the rulings on the twelve cases in which the owner seeks release with an additional payment.
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He said in al-Mudawwana: “This differs from sales.” He means that guaranteed transport differs from a salam sale, in which the goods are owed as a liability, in that rescission of the transport contract is permissible after travel has begun, whereas it is prohibited in