then lending it would be recommended from two perspectives: first, as an act of kindness to the borrower; and second, as an act of kindness in preserving the orphan’s property.
The author, may Allah have mercy on him, then mentioned the criterion for what may validly be loaned, saying: “Whatever may validly be sold may validly be loaned.” The word “whatever” may here be a relative pronoun, meaning: that which may validly be sold may validly be loaned. The response is phrased in a manner resembling the answer to a conditional clause, because a relative pronoun resembles a conditional particle in conveying generality. An often-cited example is: “Whoever comes to me shall have a dirham.” This is equivalent to saying: “Whoever comes to me shall have a dirham.” It may also be a conditional noun, in which case the verb “may validly be” is apocopated, its final vowel being rendered as a fatḥah due to the meeting of two sukūns, and its answer is “may validly be loaned.”
This is the governing criterion: everything that may validly be sold may validly be loaned, and whatever may not validly be sold may not validly be loaned.
Accordingly, a dog may not validly be loaned, because it may not validly be sold. Carrion may not validly be loaned, even to someone for whom it is lawful, because it may not validly be sold. Pledged property may not validly be loaned, because it may not validly be sold. Endowed property may not validly be loaned, because it may not validly be sold; and so on.
The apparent meaning of the author’s statement, “Whatever may validly be sold,” is that benefits may validly be loaned, since benefits may be sold—for example, the right of passage through a house. I may own the benefit of passing through this passageway, though I do not own the passageway itself. Thus, selling benefits is permissible. As for lending them, the madhhab holds that it is not permissible. Shaykh al-Islam held that it is permissible: for example, I might say, “Lend me your services today to help me with the harvest, and tomorrow I will repay you”—that is, I will harvest alongside you. This is the correct view, for two reasons: