Is it permissible to rent out a non-halal animal?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The rental (Ijarah) of an animal whose sale is forbidden due to its impurity or inherent nature is not permissible. This is the stated position of Ahmad ibn Hanbal and some scholars among the Shafi'is. The reasoning rests on the principle that since the sale of such an animal is forbidden due to its inherent impurity (khubth), its rental is also forbidden, analogous to the ruling concerning the pig. Furthermore, its benefit (manfa'ah) is not guaranteed in cases of usurpation (ghasb); if an usurper utilizes it for a period, no compensation is required from him for that use, thus prohibiting the acceptance of compensation (i.e., rent) for that use in a contract of ijarah, similar to the benefit derived from a pig.
Supporting text
Some scholars permit the rental, arguing that it is a permissible benefit (manfa'ah mubaha), and thus compensation for it is allowed, drawing an analogy to the benefit derived from donkeys. However, this analogy is invalid because the benefit from breeding a male stud (dhirab al-fahl), which is a permissible benefit, is not allowed to be rented out. Additionally, the mere permissibility of its utilization does not permit its sale, and by extension, does not permit its rental.