What is the ruling on granting usufruct (A'riyah) concerning its duration?
General Chapter
Al-Mughni
Book of Loan for Use
Primary text
The granting of usufruct (A'riyah) is permissible whether designated for a specific time (mu'aqqatah) or unrestricted (mutlaqah), because it constitutes a license, akin to licensing the use of food. The lender retains the right to revoke the loan at any time they wish, regardless of whether the term was specified or unrestricted, unless the borrower has occupied the object with something that would cause detriment upon repossession. This view is held by Abu Hanifa and Al-Shafi'i. The evidence for the revocability at will is that future usufruct has not yet materialized in the borrower's possession, so it cannot be fully granted through the loan, similar to when the physical object itself is not yet in his possession. The case of a slave bequeathed for service is distinguished because the bequest originates from someone other than the heirs, and the bequestor retains the right of revocation, unlike the current case where the lender grants the benefit.
Supporting text
Imam Malik holds that if the loan is time-bound, the lender cannot revoke it before the term expires. If the duration is unspecified, the lender must allow the borrower to use it for a period typical for such usage, because the lender has granted ownership of the usufruct for that duration, and the object is in the borrower's possession through a permissible contract, meaning the lender cannot reclaim it arbitrarily like in cases of a tenant whose tenancy is secured by an exchange contract.