Is it permissible to rent trees or date palms for purposes other than fruit bearing?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 1 · Bab 1

Open in Qurani

Primary text

It is permissible to rent trees and date palms for the purpose of drying clothes upon them or spreading them beneath their shade for shelter. The ruling is based on the equivalence of benefit derived whether the tree is standing or cut down, as what is permissible in one state is permissible in the other. Furthermore, since it is a tree, renting it for such uses is permitted, analogous to a cut tree. This is also supported by the principle that renting for an intended benefit that can be realized while the object remains intact is permissible, similar to the case of a cut tree. Finally, since it is an object from which this benefit can be derived, renting it for this purpose is valid, similar to renting ropes, wood, or cut trees.

Supporting text

There are two differing opinions among the followers of Imam Al-Shafi'i regarding this matter, based on the discussion they hold concerning commodity pricing (athman).