Is the renting of personal ornaments (jewelry) permissible?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The renting of personal ornaments is permissible. This view is held by Ahmad (in the narration of his son Abdullah), Al-Thawri, Al-Shafi'i, Ishaq, Abu Thawr, and the proponents of the opinion of reason (Ashaab ar-Ra'i). The basis for permissibility is that jewelry constitutes a permissible and intended use while its substance remains, resembling other items whose rental is permitted. Furthermore, ornamentation is considered an original purpose, as evidenced by Allah mentioning it as a blessing: {and for adornment} (Quran 16:8) and {Say, "Who has forbidden the adornment of Allah which He has produced for His servants?" (Quran 7:32). Allah permitted women adornment that He forbade men, due to their need to beautify themselves for their husbands, and waived Zakat on their ornaments as assistance for acquiring them.
Supporting text
Ahmad expressed uncertainty about renting ornaments, which Al-Qadi interprets as referring to renting them for a payment of the same genus (e.g., gold for gold). If the payment is of a different genus, it is permissible according to this interpretation. Malik considered the renting of ornaments and garments to be among the questionable matters, perhaps because their purpose is solely adornment, which is not considered an original primary objective. Those who forbid rental for payment of the same genus argue that wear and tear causes minute loss of material, meaning the rent covers both use and material loss, leading to a transaction akin to selling gold for gold plus something else.