Is it permissible for the legatee to rent out property or a slave designated for their benefit through a bequest?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

It is permissible for the legatee to rent out the slave or the house for the duration specified in the bequest concerning their benefit. This view is held by Al-Shafi'i. The permissibility stems from the fact that the legatee possesses the benefit completely, granting them the right to take compensation for it, analogous to possession obtained through a direct rental contract.

Supporting text

Abu Hanifa holds that renting out the benefit established through the bequest is not permissible because the bequest was only for the legatee to utilize the benefit directly (استيفاء).