366 H I R E.
A contrail
for the hire
o f a houfe is
diflblved by a
defect in it.
as here Rated, proceeds upon analogy, the owner of the cloth {landing
as the denier, or defendant. The opinion of the two difciples, on
the other hand, proceeds upon a favourable conftrudtion.— In reply to
what they advance in this particular it may be obferved that apparent
circumftances may fuffice to repel, but are not lufficient to ejtablijh a
claim ; in other words, if a perfon advance a claim, fuch claim may
be fet afide by apparent circumftances, but apparent circumftances are
incapable of conftituting proof, or of eftablilhing any thing in his behalf
; and, in the prefent inftance, it is required that a claim be efta-
bliftied. Sheikh-al I f dm remarks that decrees pafs according to the
opinion of Mohammed,— as is alfo mentioned in the Kafeea.
C H A P . IX.
Of the Diffolution* of Contracts of Hire.
I f a .perfon hire a houfe, and then difeover a defedt in it, fuch as renders
it uninhabitable, he is at liberty to diflolve the contract; becaule
the contra61 was executed with a view to advantage; and as that continually,
from time to time, is the objedt of the hirer, it follows that
the.defedt difeovered in the houfe had exiftence previous to his obtaining
poffeftion of the thing actually contradted for, although it had occurred
fubfequent to taking pofleffion of the houfe, in the fame manner
as where a defedt has taken place in merchandize before the pur-
Arab. F'Jkb; literally, a breaking off.
chafer
H I R E.
chafer obtains pofleffion o f it. If, however, the hirer derive the
advantage, [that is, make ufe of the houfe,] he aflhnts to the defedt;
and in fuch cafe the whole confideration (namely, the rent) is incumbent
upon him, in the fame manner as in fale.— If, alfo, the leflor
perform what is requifite to remedy the defedt, the hirer is in that
cafe without an option, as the reafon for fuch option is then done
away.
If a houfe fall to decay, or the wells for watering land dry up, or
a mill ftream ceafe to run, the contradt of hire is diflblved, becaufe in
fuch cafe the thing contradted for (namely, eXclufive advantage) is
defeated before pofl'eflion, and the cafe is therefore the fame as where
merchandize periffi.es before pofl'eflion, or where an hired flave dies.—
Some of our modern dodtors hold that the contradt of hire is not dif-
lfd!|ed in this inftance, becaufe the advantage has been defeated in a
manner which admits a recovery o f it. The cafe is therefore the fame
as where a flave dies after purchafe, but before delivery; and as, in
that cafe, the contradt [of fale] is not diflblved, fo likewife, in the
prefent inftance, the contradt [of hire] is not diflblved__It is recorded;
from Mohammed, that if, in the cafe in queftion, the leflbr remove
the defedt, by repairing the houfe, the hirer muft abide by the contradt;
and alfo the leflbr— From this it is to be inferred that the contradt is’
ffl*diflblved.— It is, however, diflblved;.
If a mill-ftream ceafe from running,, and the mill-houfe be applicable
to any other, ufe than, that of grinding grain, the hirer muft
pay a: rent proportionably to the ufe derived from fuch houfe, as'that
is a part of what was-contracted for-.
lE-one of the contracting parties die,.and the hirer had entered
M U econtra& of hire on.his own account, it>[the contract of hire]
sdrflolved; becaufe if the contradt were ftill.to remain in force, it
would follow that the ufufrua, or rent, then becomes the ■
&
of
or by its falling
to decay;
and the hire
o f lav d, by its
wells being
dried up,— or
of a mill, by
the mill-
ftream flopping
;
(but i f the
mill-houfe b i
ufed, a proportionate
rent is due.)
A contrail
o f hire
is diflblved
by the death i
o f one o f the
contrailing
parties, being
a principal»