مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٤٦٢ - MISCELLANEOUS PROBLEMS RELATING TO LEASE RENT
rent until he has delivered it to the other party, and in case a person
is hired to perform an act,he cannot claim wages until he has performed
that act.
٢٢٠٤. It a lessor delivers the leased property,
the lessee should pay the rent, although he may not take delivery of the
property, or may take its delivery but maynot utilize it till the end
of the period of lease.
٢٢٠٥. If a person agrees to perform a task on a
particular day on payment of wages and is ready on that day to perform
the task, the person, who has hired himshould pay him the wages although
he may not entrust that task to him. For example, it a tailor is hired
to sew a dress on a particular day and he is ready to do work on
thatday, the hirer should pay him the wages even though he may not give
him cloth to sew. And it makes no difference whether the tailor remains
without work on that day or doeshis own or somebody elses work.
٢٢٠٦. If it transpires after the expiry of the
period of lease that the lease contract was void the lessee should give
the usual rent of that thing to the owner ofthe property. For example,
if a person takes a house on lease for one year on a rent of $ ١٠٠ and
learns later that the lease contract was void and if the rent of the
houseis usually $ ٦٠ he should pay $ ٥٠. In case, however, its usual
rent is $ ٢٠٠ and the person who leased it out is its owner or his
agent, it is not necessary forthe lessee to give him more than O ١٠٠,
but it some other person gave it on lease the lessee should pay $ ٢٠٠.
And the same order applies if it is known after thepassage of some time
that the lease contract was void.
٢٢٠٧. If the thing taken by a person on lease
perishes and if he has not been negligent in looking after it and has
also not been extravagant in its use, he is notresponsible for the loss.
Further more, if, for example, a cloth given to a tailor is destroyed
when the tailor has not been extravagant and has also not shown