his belongings from the house is a thief stealing his crop. But if an army sweeps through and destroys the crop, this counts as a calamity beyond one’s control, for the army cannot be made to pay compensation, nor can one guard against it. A comparable case is an army sweeping through and expelling people from the homes in which they live.
Shaykh al-Islām Ibn Taymiyyah—may Allah have mercy on him—said:
In the name of Allah, the Most Compassionate, the Most Merciful.
All praise is due to Allah, Lord of all worlds. I bear witness that none has the right to be worshipped except Allah alone, with no partner, and I bear witness that Muhammad is His servant and Messenger. May Allah bless him and grant him abundant peace.
Section
“Remission of liability for losses caused by calamities” in sales, guarantees, and leases is a matter of pressing practical need. This falls under “the principle governing the destruction of the intended subject matter of a contract before one is able to take possession of it.”