Chapter on Leasing

The term ijarah (leasing or hire) is derived from ajr, meaning compensation given in return for work. This is why the reward for deeds is called ajr. Allah says:

“Every soul will taste death, and you will only be given your full rewards on the Day of Resurrection.” [Āl ʿImrān 3:185]

It is a contract for a known benefit or a specified task. Thus, one who rents a house contracts for a known benefit, while one who hires a worker, such as a builder, contracts for a specified task. Therefore, one who hires a worker may not hire him out to another person, because he has acquired only the benefit, not the person himself.

Leasing may concern work, or the benefit derived from a particular property. It is a type of sale; hence, entering into a leasing contract in the mosque is prohibited, just as selling is prohibited. Likewise, entering into a leasing contract after the second call to the Friday prayer is prohibited, just as selling is prohibited, because it is, in reality, the sale of benefits.

A leasing contract is permissible on the evidence of the Quran, the sunnah, and the consensus of the Muslim community. As for the Quran, Allah relates the words of the two women for whom Moses had watered their flock:

“O my father, hire him. Indeed, the best one you can hire is the strong and trustworthy.” [Al-Qaṣaṣ 28:26]

As for the sunnah, it is authentically established that the Prophet ﷺ hired ʿAbdullah ibn Urayqiṭ to guide him along the route from Mecca to Medina (1). As for the consensus of the Muslim community, it is well known; and its permissibility is among the merits