and the other for an equal, shorter, or longer period. The rules here differ according to whether the arrangement concerns deriving income, employing a slave’s services, riding an animal, residing in a house, or cultivating land.
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As for allocation of use for deriving income, it is impermissible for a lengthy period by agreement. They differed concerning a short period, such as a day or thereabouts. In Muhammad’s book, this is not permissible with an animal or a slave, even for a single day. Muhammad said, “Mālik did, however, allow some latitude concerning a single day.”
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As for allocation of a slave’s services, they agreed that this is impermissible for a lengthy period and permissible for a few days, though they differed over the limit. Ibn al-Mawwāz said, “It is permissible for five days or fewer, but not for longer.” In al-Majmūʿa, Ibn al-Qāsim reports from Mālik that it is permissible for a month. Ibn al-Qāsim said, “And a little longer than a month.”
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As for allocation of the use of houses and land, this is permissible for a specified number of years and for a lengthy term, just as leasing them is. Ibn al-Qāsim stated this in al-Majmūʿa. The reason is that they are secure from risk. However, where the allocation concerns agricultural land, it is permissible only if the land is secure from risk and is of a kind for which advance payment is permissible. Success comes from Allah.
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As for allocation by specific assets—where one employs one slave and the other another, one derives income from one slave and the other from another, one resides in one house and the other in another, or one cultivates one plot of land and the other another—it is reported from Ibn al-Qāsim in al-Majmūʿa that this is permissible for residing in houses and cultivating land, but not for deriving income or hiring out. This follows the analogy of allocation by periods of time: some latitude is allowed for a single day according to one of Mālik’s two opinions on the matter, but anything longer is impermissible by agreement, because it involves uncertainty and risk. Likewise, making use of slaves and animals is subject to the disagreement mentioned earlier concerning allocation by periods of time. And Allah