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
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).