Is it permissible to rent a space from a partner for the purpose of transporting food, or using the renter's slave or animal for transportation?
General Chapter
Al-Mughni
Book of Partnership
Primary text
There are two narrations regarding renting a space from a partner to transport food, or using the renter's slave or animal. The first narration permits it, because whatever is permissible to rent for non-animal use is permissible to rent for animal use, similar to renting from a non-partner. The second narration prohibits it because the rent for such services is only obligatory upon work being performed, and that work cannot be fully delivered in a shared asset because the share of the renter is not distinguishable from the share of the lessor. Therefore, the rent does not become obligatory, whereas in the case of the house and containers, work delivery is not a consideration; obligation arises simply from placing the object inside the house, making the object of the contract deliverable.