the lessor carry the lessee’s goods on it. This combines the lease of a specific asset with a contract for work owed as an obligation—unless he stipulates that the lessor himself must perform the work, in which case he has hired two specific subjects: the animal and the lessor himself.

If residence were not intended at all, and the sole purpose were to purchase the fruit of an orchard containing different varieties, with the seller responsible for irrigation, al-Layth permits this. It also follows by analogy from the third position that we cited among our companions and others and established. The need to combine the different varieties in a single sale is like the need to combine the sale of fruit with the lease of a usufruct—and may be even greater. It may be impossible to sell each variety when signs of its ripeness appear: in many instances this cannot be done at all, and in others it can be done only at considerable harm. I have seen people arrange this in advance with the buyer, then allocate part of the price to each crop as it ripens. This is one of those flimsy legal stratagems whose true nature is obvious, as explained previously.

Scholars and believers of sound natural disposition have always objected to declaring such a transaction unlawful, especially since the foundational principles of the Sharia are incompatible with its prohibition. Yet what led to the resulting conclusion was what they had heard of general textual and analogical rules—which they believed encompassed [cases such as this, together with what they had heard] from scholars who subsumed this case under the general rule.

This also follows by analogy from what we established concerning the permissibility of selling the entire crop of a cucumber patch once signs of ripeness appear. Separating one part from another is difficult or impossible, just as it is difficult to separate the different varieties in a single orchard. Indeed, the hardship is greater in the cucumber patch. For this reason, even some who prohibited [that for] different varieties, such as Mālik, permitted it in the case of a cucumber patch.

If it is said: “This case falls within the general scope of the Prophet’s prohibition—peace and blessings be upon him—against selling