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Seadet-i Ebediyye - Endless Bliss Fifth Fascicle

Various aspects of Hanafi Fiqh are explained, e.g., zakat, ramadan, hajj, sadaqa-i fitr, Qurban(sacrifice), Iyd(Eid), nikah(marriage), death, janaza, burial, visiting graves, condolence, isqat and knowledge of faraid.

Various aspects of Hanafi Fiqh are explained, e.g., zakat, ramadan, hajj, sadaqa-i fitr, Qurban(sacrifice), Iyd(Eid), nikah(marriage), death, janaza, burial, visiting graves, condolence, isqat and knowledge of faraid.

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commissioned to make) to the owner of the things until he is paid<br />

for his work. If the thing ordered perishes, so that the artisan<br />

cannot deliver it, then the artisan cannot receive any payment. If it<br />

has been stipulated that he will do the work in person, he cannot<br />

employ someone else. In services that do not involve<br />

workmanship, the person hired, such as a porter or a boatman or<br />

a driver, cannot retain the thing rendered to his care on the<br />

grounds that he has not received a payment. If that thing perishes,<br />

he will (nonetheless) get his wage.<br />

Supposing a house or a shop is being rented out; if it is not<br />

stated what kind of work will be being carried on in it, any work<br />

that will not give harm to the building may be carried on.<br />

Moreover, the tenant may rent the house or the shop out to a third<br />

person before taking possession of it. He could not rent it to a third<br />

person if it were portable property. Once property has been rented<br />

out, a third person’s using it will be extortion. (In that case) the<br />

tenant will not (have to) pay the rent.<br />

A person who makes a child work for him without its walî’s<br />

permission will (have to) pay the child for the work.<br />

Property rented out is a trust once it is delivered to the tenant;<br />

he will not have to compensate for it if it perishes without any<br />

intentional abuse on his part. Using something in an inoperable<br />

manner is in effect a kind of abuse. As a piece of arable land is<br />

being rented out the kind of the seed to be sown should be<br />

specified, or it should be stated that anything may be sown at will.<br />

Arable land may as well be rented out on the understanding that<br />

it will be used for building houses or planting trees. When the<br />

period agreed on expires, these things should be removed, or the<br />

owner of the land should buy them. Clovers are categorized as<br />

trees. If the rental period expires before the crop has grown, the<br />

period will be extended until the time when it grows. An animal is<br />

hired either for the purpose of riding or as a pack animal, and<br />

clothes are hired for the purpose of wearing them. If a house<br />

rented or an animal or clothes hired are damaged because the<br />

renter has disregarded the conditions agreed on, he will have to<br />

compensate. If the conditions stipulated do not cover damages,<br />

then the renter will not have to observe them. For instance, if it has<br />

been stipulated that two people will live in a house rented, then<br />

three or five people may live in it. When an animal or a truck is<br />

being rented, the condition stipulated should concern not the kind<br />

of the pack but the weight of it. However, something harmful<br />

cannot be loaded. If he, (i.e. the person who hires the animal,)<br />

– 494 –

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