wealth (33) to obtain a permissible benefit for which there is a necessity, so it is permitted, like purchasing a captive, or bribing a tyrant to repel his injustice. If a person allows his stud to breed without a lease or condition, and a gift is presented to him, or he is honored with a gesture because of that, there is no harm in it; because he performed an act of kindness, so it is permissible to reward him for it, just as if a gift were presented to him.

Section: The second category is that whose benefit is prohibited, such as fornication (zina), playing wind instruments (zamr), wailing (nawh), and singing, so it is not permissible to lease oneself (34) for such action. This is the view of Malik, Al-Shafi'i, Abu Hanifa, his two companions, and Abu Thawr. Al-Sha'bi and Al-Nakha'i disliked it; because it is prohibited, so it is not permissible to lease for it, just like leasing one's slave girl for fornication. It is not permissible to lease a scribe to write songs or wailing for him. Abu Hanifa said: It is permissible. Our view is that it is benefiting from a prohibited thing, so it resembles what we have mentioned. It is not permissible to lease for writing prohibited poetry, or innovation (bid'ah), or anything prohibited; because of that. It is not permissible to lease for transporting wine for one who will drink it, nor for transporting a pig or carrion; because of that. This is the position of Abu Yusuf, Muhammad, and Al-Shafi'i. Abu Hanifa said: It is permissible; because the action does not specifically determine it, evidenced by the fact that if someone else carried it, it would be permitted, and because if he intended to spill it or dispose of the carrion, it would be permitted. It has been narrated from Ahmad, regarding one who carried a pig, carrion, or wine for a Christian: I dislike eating its rental payment, but the carrier is entitled to the rental by judgment; and if it is for a Muslim, it is even more severe. Al-Qadi said: This is interpreted as meaning he leased him to spill it, as for drinking it is forbidden, and it is not lawful to take compensation for it. This interpretation is far-fetched; because of his statement: I dislike eating its rental payment, and if it is for a Muslim, it is even more severe. However, the school's position is contrary to this narration; because it is leasing for a prohibited act, so it is not valid, like fornication. And because the Prophet (peace and blessings of Allah be upon him) cursed its carrier and the one for whom it is carried (35). His statement: It does not determine, is invalidated by leasing land to be used as a mosque. As for carrying these items to spill them, carrying carrion to dispose of it, and leasing for cleaning privies, it is permissible; because that