harm in separating them. Accordingly, it is permissible to sell a ewe together with the milk in its udder, even though they can be separated by milking and the milk may not be sold on its own.

On this principle, the arrangement is permissible whenever the tree is accompanied by an independently intended usufruct, such as the usufruct of land for cultivation or of a building for residence. If, however, only the fruit is intended, while the usufruct of the land or dwelling forms no part of the intended purpose and is included merely as a legal device—as may be done in the “mudd of ajwa dates” cases—this principle does not apply.

The Second Principle: It may be said that leasing trees to harvest their fruit is analogous to leasing land for cultivation and hiring a wet nurse for nursing. This is because products that [are replenished] while their sources remain intact are treated like usufructs, even though they are tangible property. Such products include fruit from trees, women’s and animals’ milk, wool, and fresh water. Whenever any of these comes into being and is taken, Allah creates a replacement while the source remains intact, just as with usufructs. For this reason, these products are treated like usufructs in endowments, loans for use, and contracts for a share of the yield. An endowment can be constituted only from property whose corpus remains intact while its use is enjoyed. Thus, if bare land or residences may be endowed for their usufruct, the same applies to orchards for their fruit, livestock for their milk and wool, and wells and springs for their water. By contrast, anything consumed through use, such as food and the like, may not be endowed.

As for gratuitous loans for use, allowing someone to ride an animal is termed ifqār (the loan of a mount); one says, “He made the animal’s back available to him.” An animal whose milk is made available is called a manīha (milk-loan), a tree whose fruit is made available an ariyya (fruit-grant), and other such things