What is the legal ruling concerning the permissibility of usufruct (borrowing/lending)?

General Chapter

Al-Mughni

Book of Loan for Use

Book 21 · Issue 1 · Bab 1

Open in Qurani

Primary text

The permissibility of usufruct (al-'Ariyah) is established by the Quran, the Sunnah, and scholarly consensus (Ijma'). The Quranic evidence cited is the verse stating, "And they prevent Mâ'ûn" (Quran 107:7), which Ibn Abbas and Ibn Mas'ud interpreted as referring to borrowed items like vessels, scales, and buckets. The Sunnah includes the Prophet's statement during the Farewell Sermon: "What is borrowed must be returned, debt must be paid, what is given as a gift must be returned, and the guarantor is liable for payment." Furthermore, the Prophet borrowed coats of mail from Safwan ibn Umayyah on the day of Hunayn, responding to the objection that it was a seizure by stating, "Nay, it is a guaranteed loan." Consensus exists on the permissibility and recommendation of usufruct, reasoning that if the gift of tangible assets is permissible, the gift of their usufruct must also be permissible.