extensive, the landlord is not obliged to undertake repairs, by consensus. This, too, takes three forms.
(First) The damage impairs the accommodation and reduces its rental value without depriving the tenant of any of its uses—for example, where a paved and plastered house loses its paving and plasterwork. The tenant may then choose either to remain at the full rent or to leave, unless the landlord repairs the damage. If he remains silent and continues to occupy it, he owes the full rent according to Ibn al-Qāsim’s position in al-Mudawwana, contrary to his position as transmitted from him by Īsā. It has also been said that this case is governed by the same ruling as the collapse of a room in a house containing several rooms, but that is far-fetched.
(Second) The damage deprives the tenant of a small portion of the house’s uses, as when part of a room collapses in a house containing several rooms. In this case, he remains bound by the lease, but his rent is reduced by the portion attributable to the collapsed room.
(Third) The damage deprives the tenant of most of the house’s uses, or of the use of the room that is its chief feature, or leaves the house exposed through the collapse of its wall, or something similar. The tenant may then choose either to remain at the full rent or to leave. If he wishes to remain on condition that the rent be reduced by the portion attributable to what has collapsed, he has no right to this unless the landlord agrees. If the landlord agrees, its permissibility is subject to the same disagreement as the permissibility of two men combining their respective goods in a single sale.
If the landlord rebuilds the house before the tenant leaves, the tenant remains bound by the lease and has no right to leave. If he rebuilds it after the tenant has left, the tenant is not obliged to return unless he wishes to do so. If he remains silent and continues to occupy the house in its damaged state, he owes the full rent according to Ibn al-Qāsim’s position in al-Mudawwana, contrary to Īsā’s transmission from him in al-Utbiyya.
Section
A man may lease his house to a Muslim or a Christian. When he leases it to a Christian, however, there are three possible cases. (First) He leases it to him on condition that he live in it or sell in it whatever lawful beverages he wishes. (Second) He leases it to him on condition that he sell wine in it or