that they specify. For example, he may say: “I rent from you at such-and-such an amount for the month,” or “for the year,” or “at such-and-such an amount for every month,” or “for every year,” or “every month at such-and-such an amount,” or “every year at such-and-such an amount,” or “at such-and-such an amount per month,” or “per year.” When a lease is concluded in this manner, the tenant may leave whenever he wishes, and the lessor may require him to leave whenever he wishes, whether at the beginning, end, or middle of the month. The tenant pays rent in proportion to the time he has occupied the property. Neither party is bound by the lease for the first month or any subsequent month, unless they stipulate that the tenant may not leave or that the lessor may not require him to leave, or the tenant pays the rent in advance, which is equivalent to such a stipulation. This was stated by Ibn Habīb and is Ibn al-Qāsim’s position.

Ibn al-Mājishūn held that the tenant is liable for the first month’s rent if he says, “The month at such-and-such an amount,” or “At such-and-such an amount for every month.” Likewise, according to his position, he is liable for the first year’s rent if he says, “The year at such-and-such an amount,” or “At such-and-such an amount for every year.” Ibn Abī Uways related from Mālik, concerning houses rented month by month whose tenant leaves before the month ends, that the tenant owes the rent for that month. He pays only in proportion to the time he has occupied the property when he has rented it at one dirham per day.

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There are thus three positions concerning the month-by-month rental of houses in this manner. The first is Ibn al-Qāsim’s position: the tenant is not bound for either the first month or any subsequent month; he may leave whenever he wishes and owes rent in proportion to the time he has occupied the property. The second is Ibn al-Mājishūn’s position: he is bound for the first month, but not for subsequent months. The third is Ibn Abī Uways’s report from Mālik: occupying part of a month makes that month’s rent due, whether at the beginning of the month or otherwise.

These same three positions also apply to the year-by-year rental of houses, as when someone says, “The year at such-and-such an amount,” or “At such-and-such an amount for every year,” or similar wording. According to Ibn al-Qāsim, neither party is bound by the lease for the first year or any subsequent year. According to Ibn al-Mājishūn, both are bound for the first year, but not for subsequent years. According to Ibn Abī Uways’s report from Mālik—may Allah Most High have mercy on him—occupying part of any year binds both parties to the lease for that year. Reflect carefully on this.