reckoned in months and days. For waiting periods and oaths, Ibn al-Qāsim recommended disregarding the initial day if part of it had already elapsed. Mālik—may Allah be pleased with him—held differing views on this. Initially, he held that a woman’s waiting period should run from the hour her husband died until the corresponding hour at its end. Later, he held that the remainder of that first day should be disregarded. His differing views also apply to leases. According to his initial position, the lease binds both parties from the hour they conclude it until the corresponding hour at the end of the month or year. According to his revised position, if they conclude the lease after part of the daytime has elapsed, it does not become binding upon them until sunset, because the night begins the day and precedes its daylight hours.

(The third) is to say: “I rent this house from you for a month or a year.” The year or month is then fixed from the date the lease is concluded, just as when he says “this month” or “this year,” according to the explanation already given concerning reckoning by days or by lunar months. There is, however, one exception: the Book of Ibn al-Mawwāz distinguishes between the two formulations. It states that if he says, “I let it to you for a month at such-and-such an amount,” and the tenant occupies it for a month, enters a second month, then leaves before that month ends, he owes rent calculated proportionately at the agreed rate. Had the month been specifically designated, however, he would owe the customary rent for the second month. Another view is that, if the customary rent is lower, the agreed rent stands; if the customary rent is higher, the lessor swears an oath and receives it. There is disagreement concerning the oath, since it is an oath based on suspicion. (The fourth) is to say: “I rent it from you until such-and-such a date.”

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When a lease is concluded for a specified term using any of these formulations, it binds both parties, and neither may withdraw unless he stipulates that right with the other party and makes no advance payment. It is then permissible, as explained above.

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As for the second arrangement, it is that they agree upon the rent and state its amount without binding themselves to a term