What is the ruling on leasing items whose utility involves the immediate consumption or destruction of the item itself?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 1 · Bab 1

Open in Qurani

Primary text

Leasing of items whose utility requires the destruction of the object's substance is invalid. This includes consumables such as food and drink, and wax intended to be burned for light. Since leasing contracts are for usufructs (benefits), and these benefits necessitate annihilation of the essence, such contracts are void. Leasing a candle to burn, requiring the lessee to pay for the consumed portion, the remainder, and the rent for the remaining part, constitutes a void contract because it combines a sale and a lease, rendering the subject of the sale unknown, which consequently invalidates the lease as well. Furthermore, leasing an item like wax merely for adornment, with the intention of returning it unburned, is impermissible because this is not a benefit recognized by Sharia; spending money for it is folly, and accepting payment for it is acquiring wealth unjustly.