Hiring an Animal and Using Beyond Limit

“I once rented a mule to Qasr ibn Hubayrah for both ways for so and so much amount. I left in search of my debtor and when I reached near the bridge of al-Kufah, I was informed that my debtor had gone to al-Nil. I then moved to al-Nil. When I went to al-Nil I was informed that my debtor had gone to Baghdad. I then followed him, found him and finalized whatever was between him and me and we returned to al-Kufah. Going and coming took me fifteen days. I informed the owner of the mule of my reasons for the delay. I wanted to make it a lawful deal and make him agree so I paid him fifteen dirham but he refused to accept it. We then agreed to go to abu Hanifah for judgment. I told my side of the story to him and the man also told his side of the story. He asked me, ‘What did you do to the mule?’ I replied, ‘I have returned it to him safely.’ He (owner) said, ‘Yes, after fifteen days.’ He asked, ‘What do you want from the man?’ He replied, ‘I want the rent for the mule which he kept for fifteen days.’ He said, ‘I do not see any such right in your favor because he rented it to Qasr ibn Hubayrah, and he then violated the agreement and rode it to al-Nil and to Baghdad, so he became responsible for the price of the mule and the rent became void. He then returned the mule safely to you and you have it in your possession so he is not responsible for rent.’ We came out of his office and the owner of mule kept saying, ‘To Allah we belong and to Him we all return.’ I felt sympathy for him because of the fatwa of abu Hanifah against him and I gave him something and asked him not to hold me responsible. I went for al-Hajj in that year and informed abu ‘Abd Allah (a.s.), about the fatwa of abu Hanifah. He (the Imam) said, ‘It is because of this kind of judgments that the sky stops sending water and the earth denies its blessings.’ I then asked abu ‘Abd Allah (a.s.), ‘What do you say about it?’ I say that you must pay him a similar rent that is charged for a mule from al-Kufah to al-Nil, a similar rent for a mule that is charged from al-Nil to Baghdad, a similar rent that is charged for a mule from Baghdad to al-Kufah. You must pay him.’ I then said, ‘I pray to Allah to keep my soul in service for your cause, I fed the mule with a cost of many dirhams so he must pay for the feed.’ He (the Imam) said, ‘No, because you usurped it.’ I then said, ‘What could happen if the mule died and was damaged, would he not hold me responsible?’ He (the Imam) said, ‘Yes, he could do so for the value of the mule on the day you went against the stipulation.’ I then asked, ‘What could happen if the mule became damaged, sustained injuries or so?’ He (the Imam) said, ‘You would owe the price between healthy and damaged mule on the day you returned to him.’ I then asked, ‘Who could determine it?’ He (the Imam) said, ‘You and he (owner of mule) could do so. Either he had to take an oath to confirm the value for which you were responsible. If he turned the oath to you, you then had to take an oath about the value and it became binding on him or the owner of the mule had to present testimony and witness to prove how much the value of the mule was when it was rented and it became binding upon you.’ I then said, ‘I gave him a certain amount of dirham, he agreed and made it lawful in my favor.’ He (the Imam) said, ‘He agreed and made it lawful for you because of the fatwa of abu Hanifah, unjustly. However, you must go to him and inform him of my fatwa on this matter to see if he still agrees after knowing it, thereafter there will be nothing on you.’ Abu Wallad al-Hannat has said, ‘As soon as I returned I met al-Mukariy and informed him of the fatwa of abu ‘Abd Allah (a.s.), and I said to him, “Now say what you want to say so I pay you.” He said, “I feel love for Ja’far ibn Muhammad in my heart and my heart says he has preference over the others. You do not owe me anything even though I love to return what I have taken from you, I still can do so.’””