Issue No.1873- If a butcher cuts off the head of an animal in a wrong way, and it becomes haram, he must pay its price to its owner, regardless of whether he charged him for slaughtering the animal or not, and the butcher shall not claim any wages.
Issue No.1874- If a person takes an animal on hire for transporting fragile goods, and if the animal slips or stampedes and the load is broken, the owner of the animal is not responsible. However, if the owner beats the animal or leads it on an unsafe road, etc., and the animal falls and breaks the goods he (the owner of the animal) is responsible. This rule also applies to a vehicle which is turned over, and its load is destroyed, if it is due to his negligence or his failure, he is responsible for the loss. But if the vehicle is faultless and it breaks down and turns over due to some reason as a result of which the load is destroyed, he is not responsible.
Issue No.1875- If a surgeon while operating on a patient or circumcising a child causes an injury to the patient or the child on account of negligence, or causes his death, he is responsible. Also, if he makes a mistake and as a consequence of which the patient sustains harm, he is responsible. However, if he has not neglected and has not made a mistake and the patient becomes defective or dies due to other factors, he is not responsible, provided that he had acted, in respect to the child, with his legal guardian’s permission.
Issue No.1876- If a doctor prescribes a medicine for a patient or gives him some medicine or gives him an injection and makes a mistake in the treatment and the patient sustains harm or dies, he is responsible.
Issue No.1877- In order for a doctor or a surgeon to not be responsible for an error or mistake that he may commit, he can tell the patient or his legal guardian that if the patient sustains harm, he will not be responsible, and he accepts it, in such a case, if the doctor or the surgeon exercises the necessary precaution and care in the treatment and the patient sustains harm or dies, he will not be responsible.
Issue No.1878- The lessee and the lessor can revoke the lease contract with mutual consent. Also if a condition was laid down in the lease contract that one or either of them would have the option to cancel the contract, they can do so as per the agreement.
Issue No.1879- If the lessor or the lessee realises that he has been cheated, and if he was not aware of the price before the contract, he can cancel the lease contract. However, if a condition is laid down in the contract of lease that even if the parties are cheated they will not be entitled to cancel the contract, they cannot cancel it.
Issue No.1880- If a person gives something on lease to a person, and before he delivers it to the other party, it is usurped, the lessee can either cancel the lease contract, or wait and take back the rent for the period the item remained in the possession of the usurper. However, if after the item is delivered to the lessee, someone usurps it, he cannot cancel the lease contract.
Issue No.1881- If the lessor sells the property to the lessee before the expiry of the period of lease, the lease contract is not cancelled, and the lessee should give the rent of the property to the lessor. The same rule will apply if the lessor sells the leased property to someone else.
Issue No.1882- If before the commencement of the period of lease, the leased property becomes so impaired that it is not fit for use, or it cannot be utilised in the manner agreed upon, the lease contract becomes void, and the lessee can take back the money paid by him to the owner of the property. Similarly, in case the leased property is impaired after sometime during which it has been utilisable, the remaining period of the lease becomes void.
Issue No.1883- If a person leases out a house which has, for example, two rooms, and one of those rooms is ruined and he gets it repaired immediately, and the benefit which can be derived from it is not at all affected, the lease does not become void, and neither can the lessee cancel the lease. However, if the repair takes so much time that the benefit to be derived from it by the lessee is partially affected, then the lease in respect to that room becomes void, and the lessee is also entitled to cancel the whole lease.
Issue No.1884- If the lessor or the lessee dies, the lease contract does not become void, and that right remains for their heirs till the end of the lease contract. However, if they have laid a condition that the lessee himself uses that property not anyone else, then the owner of the property is entitled to cancel the contract for the remaining period.
