Is it permissible to lease a house in exchange for residing in another house?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 2 · Bab 1

Open in Qurani

Primary text

It is permissible to lease a house in exchange for the usufruct (residence) of another house, provided that the contract adheres to the principles established for commercial exchanges.

Supporting text

Abu Hanifah, according to reports attributed to him, held that leasing a house for the residence in another house is not valid, nor is it permissible for the types of usufruct to differ, such as leasing a house for the usufruct of an animal, because he deemed that exchanging one genus for another genus in conditions of deferred payment (nasi'ah) is forbidden.