Guarantee for what is lost with the lessee if he loads his mount beyond its usual capacity and strength
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The questioner : Yes. Professor, Professor Zayd. Yes. Yes. Yes.
The Shaykh : The lessee is liable for guarantee if he loads the camel beyond its capacity. In fact, if he loads it beyond what is customary among people, even if the camel can bear it, he is considered to have transgressed, and he is liable for the guarantee in all cases. Yes, if it has a capacity, yes.
The questioner : And if the weight of the dry measure is mentioned, it is more concise. And if the circumstances enter into the weight of the goods, there is no need to mention them, even if they are not spent.
The Shaykh : The first thing is that they hire a car for the funeral. And when a person brings his goods, they weigh them, and whatever exceeds is on him; he is liable for the excess of ten. For example, the kilo is so many riyals. So a man came once with a little goods but a large body, and another with many goods but a thin body. So they said to the owner of the many goods, "You have an excess. You are in the excess." And that one, the owner of the light goods but who is large, has no excess. Do I have to dispute with him? Meaning, the man and the goods must be weighed. Meaning, this is not possible; he becomes heavier for the fast than I am, and I am… So what is the view in this? Correct? Yes, yes. They objected to them regarding the body size; this is not the custom. If men are weighed, and the scales at that time were not of this type; the scales were a long wooden plank with a stone hung at one end, and the weighed item at the other end, and it had a fixed number between one and another kilo or weight or… Yes. No.
The Shaykh : The lessee is liable for guarantee if he loads the camel beyond its capacity. In fact, if he loads it beyond what is customary among people, even if the camel can bear it, he is considered to have transgressed, and he is liable for the guarantee in all cases. Yes, if it has a capacity, yes.
The questioner : And if the weight of the dry measure is mentioned, it is more concise. And if the circumstances enter into the weight of the goods, there is no need to mention them, even if they are not spent.
The Shaykh : The first thing is that they hire a car for the funeral. And when a person brings his goods, they weigh them, and whatever exceeds is on him; he is liable for the excess of ten. For example, the kilo is so many riyals. So a man came once with a little goods but a large body, and another with many goods but a thin body. So they said to the owner of the many goods, "You have an excess. You are in the excess." And that one, the owner of the light goods but who is large, has no excess. Do I have to dispute with him? Meaning, the man and the goods must be weighed. Meaning, this is not possible; he becomes heavier for the fast than I am, and I am… So what is the view in this? Correct? Yes, yes. They objected to them regarding the body size; this is not the custom. If men are weighed, and the scales at that time were not of this type; the scales were a long wooden plank with a stone hung at one end, and the weighed item at the other end, and it had a fixed number between one and another kilo or weight or… Yes. No.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [5059] ضمان ما تلف عند المستأجر إن حمل مركوبه فوق عادته وطاقته - تعليقات على الكافي لابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
