the place for which it was chartered. For that reason both Mālik and Ibn al-Qāsim disapproved of taking the fare in cash beforehand, a view also preferred by Ibn Ḥabīb.

Ashhab and Ibn Nāfiʿ, however, argued that a ship is like a riding beast: if it sinks, its owner is still entitled to a share of the hire proportionate to the distance already covered. Sahnūn approved this opinion and gave judgment accordingly. In their view (Ashhab and Ibn Nāfiʿ) it is likewise permissible to accept advance cash payment when leasing a vessel.

Iṣbagh said: if the vessel is out on the open sea, the ruling is as Ibn al-Qāsim stated; if it has come alongside land, the ruling is as Ashhab held.

The prevailing practice is that no freight is owed by anyone whose goods reach safety or who himself comes out of the sea unharmed, except for an amount that reflects the distance shortened for him and the benefit he actually derived. Otherwise he owes nothing—just as nothing is payable by one whose goods have perished. Should some of the foodstuffs or other merchandise be unloaded soaked and spoiled, the lessor’s hire is reduced in proportion to the loss in value suffered by the owner of the goods.

The detailed rulings concerning whatever condition is observed in the vessel are set out in the Book of Judicial Decisions.