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27 Cards in this Set
- Front
- Back
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2201.
TRUE OR FALSE The property which the lessor gives on lease does not need to be identified. if it is like a horse or a sheep, the lessor can simply have a mental image of it, or the lesser does not need to be inform of its particulars. |
FALSE
2201. The property which the lessor gives on lease SHOULD BE identified. Hence if it is one of the things whose transaction is made by weight (e.g. wheat), its weight should be specified. And if it is one of those things whose transaction is made by counting (e.g. currency coins), the amount should be specified. And if it is like a horse or a sheep, the lessor should have a sight of it, or the lesser should inform him of its particulars. |
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2202. * If land is given on lease for farming, and the produce of that very land which does not presently exist, is treated as its rent, the lease contract will be _____
2) if he assumes a general responsibility to pay the rent on the condition that it will be paid from the harvest the contract will be _____ ? 3) if the source from which rent will be paid exists |
1) INVALID
2) STILL INVALID 3) there is no objection. |
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2203. * If a person has leased out something,
when can he claim its rent ? 2) if a person is hired to perform an act, when can he collect? 3) any exceptions? |
1) when he has delivered it.
2) he cannot claim wages until he has performed that act, 3) except in the cases where advance payment of wages is an accepted norm, like Niyabat for Hajj. |
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2204. If a lessor delivers the leased property, the lessee should pay the rent, unless he has not taken the delivery
TRUE OR FALSE 2) If the lessor delivers the property, but the lessee does not utilize it until the end of the lease period, he should pay TRUE OR FALSE |
FALSE
2204. If a lessor delivers the leased property, the lessee should pay the rent, EVEN if he may not take the delivery, 2) TRUE 2204. If a lessor delivers the leased property, the lessee should pay the rent, even if he may not take the delivery, or may take its delivery but may not utilise it till the end of the period of lease. |
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2205.if a tailor is hired to sew a dress on a particular day, and he appears to do the work, if he is not provided with the cloth to sew, irrespective of whether the tailor remains without work on that day or alternatively does his own or somebody else's work....
what is the duty of the one who has hired him? |
the person who has hired him should pay him the wages, even if he may not assign that task to him.
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2206. If it transpires after the expiry of the period of lease, that the lease contract was void,
a) does the lessee have to pay rent? b) if the rent is higher than the normal rate, what does he pay? b) if the rent is lower? c) if the lessee was not the owner or an agent? |
a) the lessee should give the usual rent of that thing to the owner of the property.
b) Pay the normal/lower. For example, if a person takes a house on lease for one year on a rent of $100, and learns later that the lease contract was void, and if the normal current rent of the house is $50, he should pay $50. b) same And if its normal current rent is $200, and the person who leased it out was its owner, or his agent, and was aware of the current rate of rental, it is not necessary for the lessee to give him more than $100. c) the normal rate must be payed ($200) |
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2207. * If a thing taken by a person on lease is lost,
is he responsible? |
if he has not been negligent in looking after it nor extravagant in its use, he is not responsible for the loss.
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2207.
if, for example, a cloth given to a tailor is damaged or destroyed, when the tailor has not been extravagant, and has also not shown negligence in taking care of it, he needs to make a replacement. TRUE OR FALSE |
FALSE
if, for example, a cloth given to a tailor is damaged or destroyed, when the tailor has not been extravagant, and has also not shown negligence in taking care of it, he need NOT make any replacement. |
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2208. If an artisan loses the thing taken by him, he is responsible for it.
TRUE OR FALSE |
TRUE
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2209. If a butcher cuts off the head of an animal, and makes it haraam, _________
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he must pay its price to its owner
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2210. If a person takes an animal on hire, and specifies as to how much he will load on it, and if he puts a heavier load on it, and as a result, the animal dies or becomes defective,
a) who is responsible for it. b) if the quantity of the load is not specified, and he puts an unusually heavier load on it with the result that the animal dies or becomes defective, who is responsible? |
a) the renter
b) the renter |
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2211. * If a person gives an animal on hire so that fragile goods may be loaded on it, and the animal slips or trots and breaks the things, the owner of the animal is responsible for it.
TRUE OR FALSE |
FALSE
2211. * If a person gives an animal on hire so that fragile goods may be loaded on it, and the animal slips or trots and breaks the things, the owner of the animal is NOT responsible for it. |
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2211b)
if the owner beats the animal severely, or does something like it, as a result of which the animal falls down on the ground, and breaks the goods, who is responsible? |
(the owner of the animal) is responsible.
2211. * If a person gives an animal on hire so that fragile goods may be loaded on it, and the animal slips or trots and breaks the things, the owner of the animal is not responsible for it. However, if the owner beats the animal severely, or does something like it, as a result of which the animal falls down on the ground, and breaks the goods he (the owner of the animal) is responsible. |
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2212. * Is a person who circumcises a child, and as a consequence of it the child dies, or is injured, responsible?
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the person who circumcises is responsible if he has been careless or made a mistake,
2212. * If a person circumcises a child, and as a consequence of it the child dies, or is injured, the person who circumcises is responsible if he has been careless or made a mistake, like having cut the flesh more than usual. However, if he was NOT careless, or did not make any mistake, and the child dies due to circumcision, or sustains an injury, he will not be responsible, provided that, he had not been consulted earlier about the possible injury, nor was he aware that the child would be injured |
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2213. *The doctor who gives medicines to a patient with his own hands, or prescribes a medicine for him, is not responsible if the patient sustains harm or dies because of taking that medicine
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the doctor is responsible, even if he had not been careless in treating the patient.
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2214. * If a doctor tells a patient: "If you sustain harm I am not responsible" and then exercises due precaution and care in the treatment, but the patient sustains harm or dies, the doctor is still responsible.
TRUE OR FALSE |
FALSE
2214. * If a doctor tells a patient: "If you sustain harm I am not responsible" and then exercises due precaution and care in the treatment, but the patient sustains harm or dies, the doctor is NOT responsible. |
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2215. When can the lessee and the lessor cancel the lease contract ?
1) 2) |
1) with mutual consent.
2) conditionally/contractually 2215. The lessee and the lessor can cancel the lease contract with mutual consent. Also if a condition was laid down in the lease contract that one or both of them would have the option to cancel the contract, they can cancel the contract as agreed. |
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2216. * If the lessor or the lessee realizes that he has been cheated, they can cancel the contract even if there are conditions in the contract that allow for it
TRUE OR FALSE |
FALSE
2216. * If the lessor or the lessee realises that he has been cheated, if he did not notice at the time of making the lease contract that he was being cheated, 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. |
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2217. If a person gives something on lease, and before he delivers it to the other party, it is usurped, the lessee can not cancel the contract
TRUE OR FALSE b) Can the lessee take rent from the usurper? |
a) FALSE
the lessee CAN cancel the lease contract and take back whatever he has given to the lessor, b) he may not cancel the lease contract, and take from the usurper rent at the usual rate, for the period the thing remained in his possession. Therefore, if a person takes an animal on lease for one month for $10, and someone usurps if for ten days, and the usual rent for ten days is $15, the lessee can take $15 from the usurper. |
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2218. * What happens if a lessee obtains something on rent/lease and someone prevents him from taking its delivery, or usurps it from him, after he has taken the possession, or prevents him from using it,
a) can he cancel? b) can he collect a higher rent from the usurper? |
a) he cannot cancel the lease.
b) He is entitled only to take rent of that thing from the usurper at the usual rate. |
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2219. If the lessor sells the property to the lessee before the expiry of the period of lease, the lease contract does not get canceled, and the lessee should give the rent of the property to the lessor.
TRUE OR FALSE The same rule will not apply if the lessor sells the leased property to someone else. TRUE OR FALSE |
TRUE
FALSE the same rule will apply |
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2220. * If BEFORE the commencement of the period of lease, the leased property gets so impaired that it cannot be utilized in the manner agreed upon,
a) what is the status of the lease contract b) what about money already paid c) if the property is usable? |
a) the lease contract becomes void,
b) and the money paid by the lessee will revert back to him c). And if it is possible to utilise the property partly, the lessee can cancel the lease contract. |
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2221. * If a person takes something on lease, and DURING the period of lease it becomes so impaired that it is not fit for the required use,
a) what is the status of the lease contract b) what about the past period? what rate of rent does he pay? |
a) the remaining lease contract will be void,
b) and the lessee can cancel the lease for the past period also. And for that period, he may pay usual rent. |
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2222. * 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, but it does not match the standard of the previous room,
what is the ruling? b) if it is repaired by the hirer at once, and its use does not get interrupted, then c) if the repair takes too long, and its use is interrupted, then the lease will be_____, and in this case, the lessee can _____, |
a) the remaining lease contract will be void, and the lessee can cancel the lease for the past period also. And for that period, he may pay usual rent.
b) he lease does not become void, and the lessee cannot cancel the lease. c) invalid for that much period cancel the whole lease |
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2223. * If the lessor or the lessee dies, the lease contract becomes void.
TRUE OR FALSE b) if the house is not the property of the lessor - for example, another person made a will that as long as he (the lessor) is alive, the income derived from the house will be his property, and if he gives that house on lease, and dies before the expiry of the lease period, the lease contract becomes void from the time of his death. TRUE OR FALSE |
FALSE
2223. * If the lessor or the lessee dies, the lease contract does NOT become void. b) TRUE |
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2224. * If an employer appoints a contractor to recruit labourers for him, and if the contractor pays the labourers less than what he receives for them from the employer, the excess he keeps is _____
if the contractor is given a full contract by the employer, to complete a building, and is authorised to either construct it himself or give a sub-contract to another party, if he joins with the other party in doing some work, and then entrusting him to do the remaining work against lower payment than what he has collected from the employer, the surplus with him will be _____ |
haraam for him, and he should return it to the employer
halal for him. |
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2225. If a person who dyes the clothes, agrees to dye a cloth with indigo, he has a right to claim extra charges if he dyes it with something else.
TRUE OR FALSE |
FALSE
2225. If a person who dyes the clothes, agrees to dye a cloth with indigo, he has NO right to claim any charges if he dyes it with something else. |
