Is leasing a public bathhouse (hammam) permissible?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The leasing of a public bathhouse is permissible if the duration is specified, all necessary equipment is accounted for, and a defined period is set. This is the position of Malik, Al-Shafi'i, Abu Thawr, and the Ahl al-Ra'y (supporters of rational opinion). The basis for permissibility is that the renter pays for the right to enter and bathe in the water, and the actions of Muslims are assumed to be proper. If someone engages in an impermissible act therein, the fee received is not considered unlawful, analogous to renting a house for residence, even if wine is consumed inside it. This view is held by the majority of scholars, including Ibn al-Mundhir who cited consensus among those whose opinions are known.
Supporting text
Ahmad disliked leasing a public bathhouse, expressing apprehension, especially when asked about stipulations regarding modesty (requiring patrons not to enter without an *izar* [loincloth]), stating, "Who can enforce this?" Ibn Hamid interpreted Ahmad's view as merely a case of detestable (Makruh Tanzih) dislike, not prohibition, reasoning that since people's private parts might be exposed, the contract involves facilitating a prohibited act; however, the contract itself remains valid.