leave, nor may the owner of the house evict him before the term ends, unless the lessee stipulates that he may leave whenever he wishes. This is permissible provided he makes no advance payment, whether stipulated or voluntary, because this is a lease subject to an option, in which advance payment is impermissible, whether stipulated or voluntary.
Section
This term may be specified using four forms of wording. (The first) is to say: “I rent this house or this shop from you for such-and-such a month or such-and-such a year.” (The second) is to say: “I rent it from you for this month or this year.” If he says “this month” at the beginning of the lunar month, the lease binds both parties for that lunar month, whether it comprises twenty-nine or thirty days. If this occurs partway through the month, the lease binds both parties for thirty days from the date they conclude it: they count the remaining days of the current month, then add enough days from the following month to complete thirty days.
Likewise, if he says “this year” when they are at the beginning of a month, the lease binds both parties for twelve consecutive lunar months, whether they begin with Muharram or any other month. If he says, “I rent it from you for this year at such-and-such an amount per month,” when part of the year has already elapsed, the lease does not cover only the remainder of that year unless this is expressly stated. This is clarified by ‘Īsā’s report from Ibn al-Qāsim in the Book of Fasting concerning someone who says, “I vow to Allah to fast this year,” referring to the year eighty-six, when part of it has already elapsed: he must fast for twelve months. It is also clarified by his report from him in the Book of Oaths Involving Divorce concerning someone who declares that his wife will be divorced three times over if he does such-and-such “this year”: if he intended the remainder of the year, his intention is accepted; if he had no particular intention, he must reckon twelve months from the day he swore the oath.
If this occurs partway through a month, he counts the remaining days of that month, followed by eleven lunar months, then adds enough days to the remainder of the initial month to complete thirty days. This is their position concerning leases, oaths, and waiting periods that are