by offer and acceptance, or practical, through mutual exchange in matters customarily conducted in this manner. The same applies to the tailor and the barber. All such people who have made themselves available for this work may be engaged for the work for which they have made themselves available without an explicit contract, and the customer owes the customary fee.

Third: The leased asset must be permissible; thus, a lease is not valid for a prohibited benefit, such as unlawful sexual intercourse, playing wind instruments, singing, or using one’s house as a church or for the sale of wine.

His statement, “The third: permissibility in the asset,” means that the third condition is permissibility in the asset—that is, in its benefit. We say this because the chapter concerns leasing, and the subject of a lease is the benefit derived from the asset. Moreover, what is intended is that the benefit be permissible, not the asset itself. Thus, it is permissible to rent a donkey for work, even though its flesh is forbidden. Therefore, the benefit for which the lease is contracted must be permissible. If it is prohibited, the lease is invalid.

The evidence for this is the Prophet’s statement, peace and blessings be upon him: “When Allah forbids something, He forbids its price.” (1) Leasing is a type of sale. He also said, peace and blessings be upon him: “Every condition not found in the Book of Allah is invalid.” (2) And he said, peace and blessings be upon him: “Whoever does an action that is not in accordance with our matter shall have it rejected.” (3)

The benefits derived from assets are either prohibited, disliked, or permissible. The apparent meaning of the author’s words is that they must be permissible.

His statement, “Thus, a lease is not valid for a prohibited benefit,” apparently indicates that there is no objection