and that the contract concern its benefit, not its component parts. Thus, it is not valid to hire food in order to eat it, or a candle in order to light it, or an animal in order to take its milk—except in the case of a wet nurse. The water that collects in a well and the water of the land are included as a corollary.

His statement, “and that the contract concern its benefit, not its component parts”: This is the second condition pertaining to the leased property.

His statement, “that the contract concern”: that is, the lessee and the lessor must enter into the contract. Therefore, had he said, “that they both contract,” or, “that the contract be,” it would have been clearer and more comprehensive.

His statement, “its benefit, not its component parts,” means that what is contracted for must be the benefit rather than the thing itself. Thus, the benefit of a camel is riding it and using it to carry loads; the benefit of a house is dwelling in it; and the benefit of a shop is displaying merchandise in it, and so on. The contract must therefore concern the benefit rather than the property itself. If he contracts concerning the property itself, by saying, “I sell you my house for one year for such-and-such an amount,” then according to the established position of the school, the contract is invalid, because the contract has been attached to the property itself, whereas the subject matter of a lease is the benefit. But if he says, “I sell you the right to live in it for one year,” it is valid, because the contract pertains to the benefit.

His statement, “Thus, it is not valid to hire food in order to eat it”: An example is a person who finds a vessel of dates and says, “Hire out these dates to me so that I may eat them.” This lease is invalid, because he cannot benefit from them except by eating them and thereby consuming their component parts. How, then, should this be handled if someone wishes to eat his fill while the remainder belongs to the owner? If we say, “Buy from him the amount that will fill your stomach,” this is not permissible, because it is unknown: we do not know whether this man will be content with little or whether he will be a great eater. The solution, then, is for him to sell it all. So if he says, for example, “I will sell it to you according to the amount you eat,” meaning that we weigh or measure these dates, and if they amount to five kilograms, I sell you the amount that he eats