or to any other lawful settlement between them.
Whoever hires a worker to perform a permissible task and the worker dies, the contract of hire is dissolved; but if the hirer dies, the contract remains binding upon his heirs.
Imam Mālik permitted leasing houses and shops on a month-to-month basis even when no overall term is fixed, because a month is a clearly defined unit and what is due for it—and for each of its days—is known. Thus, whoever rents a house month-by-month or for an unspecified year may leave whenever he wishes, and the owner may likewise evict him whenever he wishes; the tenant is liable only for the rent corresponding to the time that has already elapsed.
ʿAbd Allāh ibn ʿAbd al-ʿAzīz held that, in a month-to-month lease, the tenant is responsible for one full month’s rent; thereafter the landlord may evict him whenever he likes, just as Mālik said.
If, in such a case, the landlord stipulates to the tenant, “Should you vacate even a single day before the month ends, you must still pay the entire month’s rent,” and both parties accept this condition, it is valid and binding; should the tenant depart early, the landlord may re-let the premises to someone comparable for the remaining days. The landlord may not, however, stipulate: “If you leave, you are liable for the month’s rent and you have no right to any rent for the remaining days of the month.”
There is no objection to renting a house for ten years or more. Nevertheless, in the case of endowed properties and the like, excessively long terms are discouraged for fear that people may abandon them or that occupants may claim a permanent right of residence. Even so, the contract is not annulled on account of a long term—whether for endowed properties or for other houses, lands, and the like—because these assets are secure and no element of risk (gharar) enters into their leasing.
Whoever rents a house for a specific year and it subsequently collapses or burns down is relieved of the rent; and if