What types of considerations are permissible in a contract of lease (Ijarah)?
General Chapter
Al-Mughni
Book of Leasing
Primary text
Everything that is valid as a price (thaman) in a sale (Bay') is valid as consideration ('iwad) in a lease contract, because the lease is a contract of exchange similar to sale. Therefore, the consideration may be a tangible object (ayn) or another usufruct (manfa'ah). This is permissible whether the type of usufruct is the same, such as the usufruct of a house exchanged for the usufruct of another house, or if the types are different, such as the usufruct of a house exchanged for the usufruct of a slave. Ahmad permitted leasing property in exchange for specified, known foodstuff. Al-Shafi'i agrees with all of this. The evidence is cited in the story of Shu'ayb (peace be upon him) where he stated: "Indeed, I wish to marry you to one of these two daughters of mine on the condition that you hire me for eight years" (Quran 18:27), making marriage the consideration for the lease of service.
Supporting text
The ruling is sound that leasing property in exchange for specified foodstuff is permissible, which is the position of Ishaq and the Ashab al-Ra'y (Hanafi school), and is consistent with the view of Al-Shafi'i. This is because the consideration is permissible in a sale, so it must be permissible in a lease, similar to gold and silver.