the time for harvesting it. Here, however, the imams agree that possession of the benefit—in the sense that makes the lessee liable for its loss—is acquired only progressively. Hence, they agree that if the leased property perishes, or its benefit becomes wholly or partially unavailable during the lease term, the rent is waived in whole or in part, or the lessee acquires the right to rescind the contract.

The confusion arose only because some supposed that the benefit intended by the contract was tilling the land and sowing it. They imagined that the subsequent destruction of the crop by flooding or some other cause was comparable to the destruction of the farmer’s crop after harvesting, or of a garment belonging to him in a rented house. Anyone who reflects will recognize this as an obvious oversight. Thus, everyone of sound natural disposition rejects this view, even those with no practical familiarity with jurisprudence, such as farmers, people with only a smattering of legal learning, and the like. They know that the subject matter of the contract is the lessee’s enjoyment of the benefit of the leased property, not merely his labour and expenditure, which are means to obtaining that benefit.

Such labour is comparable to saddling, bridling, and leading a hired horse: these are means to enjoying the benefit of riding, not themselves the intended subject matter of the contract, even though they are included within it. Likewise, securing loads, tying ropes, and similar acts are means to obtaining the benefit of carrying goods on the animal; they are included in the subject matter of the contract only incidentally. The intended subject matter is, rather, the animal’s actual carrying of loads and riders.

Although carrying is the benefit supplied by the animal, while saddling and securing the load are acts performed by the lessee, the same applies here: ploughing and sowing, although performed by the lessee, are included in the lease only incidentally, because they are means to obtaining the benefit that constitutes the intended subject matter of the contract, namely