such as the use of land for cultivation or of a building for residence. But if the fruit alone is intended, and the use of the land or dwelling is not part of what is sought, but has merely been included as a legal stratagem—as sometimes occurs in “mudd ʿajwa” (a measure of ʿajwa dates) transactions—this principle does not apply.

The second principle: It may be argued that leasing trees for their fruit is analogous to leasing land for cultivation and hiring a wet nurse to breastfeed.

This is because yields that are replenished while their sources remain are treated like usufructs, even though they are tangible substances. These include the fruit of trees, the milk of women and livestock, wool, and fresh water. Whenever any of these is produced and taken, Allah creates a replacement while the source remains; in this respect, they are exactly like usufructs. Accordingly, they are treated as usufructs in endowments, gratuitous loans, and arrangements in which compensation consists of a share of the yield. An endowment can consist only of something that may be used while its underlying substance remains. Thus, just as bare land or residential properties may be endowed for their use, orchards may be endowed for their fruit, livestock for their milk and wool, and wells and springs for their water. This differs from things consumed through use, such as food and the like, which cannot be endowed.

As for gratuitous loans, granting someone the use of a mount for riding is called ifqār; one says, “He lent him the mount to ride.” An animal whose milk is made freely available is called a manīha; a tree whose fruit is made freely available is called an ʿariyya; other such loans are called ʿāriya. They likened this to a loan that the borrower uses and then repays with its equivalent. An example is the saying of the Prophet, may Allah bless him and grant him peace:

“The loan of an animal for its milk, or a loan of silver.”