Likewise, most of them permit the sale of leased property—such as a house or a slave. The purchaser acquires ownership, but not the use to which the lessee is entitled. Hadith-oriented jurists, such as Ahmad and others, also permit reserving some of the benefit conveyed by a contract, as in the cases on which there is agreement, just as one may reserve a specified part of the property or an undivided share. It is likewise permissible to reserve a specified part when it is customarily separated, as when selling a sheep while reserving certain parts removed at slaughter: its head, hide and feet.

The same applies to leases and contracts of hire. In contracts whose duration is specified, a contract without special stipulations entails a certain kind of use. Examples include renting land for cultivation, a shop for trade or a craft, or hiring a worker for sewing, building or similar work. Increasing or reducing what such a contract would ordinarily entail is permissible, without any disagreement known to me.

In marriage, a contract without special stipulations entitles the husband to marital intimacy to the full extent recognized by custom, wherever and whenever he wishes. He may therefore move her wherever he wishes, provided this causes no harm. Unlawful forms of intimacy and anything harmful are excluded, since custom does not entail them. The contract also entitles her to a dowry equivalent to that of comparable women, and gives her a general right to marital intimacy. Thus, if his penis has been amputated or he is impotent, she has the right to annul the marriage according to the early scholars and the leading jurists. If he swears to abstain from intercourse with her, she is entitled to separation from him if he does not return to her, as established by the Quran and scholarly consensus. Nevertheless, some jurists do not require him to have intercourse or to initiate the apportionment of nights, relying instead on natural desire, as in the school of Abū Hanīfah