Is it permissible to rent out a usufruct (benefit) that cannot be delivered?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 6 · Bab 1

Open in Qurani

Primary text

Renting out a usufruct that cannot be delivered is impermissible, regardless of whether the underlying item could legally be sold. This applies, for instance, when one claims a property is under their lease for a year and excludes the owner, making the property unrentable during that year except by the usurper or someone who can enforce taking possession.