with its benefit. So when it is said: "Its value is one hundred," it is said: "What is its value without the benefit in it?" If it is said: "Ten," we know that the value of the benefit is ninety.

Section: If the legatee wishes to lease the slave or the house during the period for which he was bequeathed its benefit, [it is permitted. Al-Shafi'i held this view.] (14) Abu Hanifa said: It is not permitted to lease the benefit acquired by bequest, because he was only bequeathed its utilization. Our argument is that it is a benefit which he possesses in full ownership, so he possesses the right to take compensation for it with tangible assets, just as if he possessed it through a lease. If the legatee wishes to take the slave out of the city, he may do so. Abu Thawr held this view. The proponents of ra'y said: He shall not take him out unless his family is in another city, in which case he takes him to his family. Our argument is that he is the owner of his benefit, so he possesses the right to take him out, like a lessee.

Section: If he bequeaths to him the fruit of a tree for a period, or what it yields forever, neither the legatee nor the heir (15) has the right to force the other to irrigate it; because one is not compelled to irrigate his own property, nor to irrigate the property of another. If one of them wishes to irrigate it in a way that does not harm the other, the other does not have the right to prevent him. When the tree dries up, its firewood belongs to the heir. If he bequeathed him its fruit for a specific year, and it did not bear fruit that year, the legatee receives nothing. If he says: "You have its fruit the first year it bears fruit," it is valid, and he has its fruit the first year it bears fruit. The same applies if he bequeaths to him what his slave-girl or his sheep bears. If he bequeaths a tree to a man, and its fruit to another, it is valid, and the owner of the entity stands in the place of the heir, and he has what the heir has. If he bequeaths to him the milk and wool of a sheep, it is valid, just as a bequest of the fruit of a tree is valid. If he bequeaths its milk specifically, or its wool specifically, it is valid, and the bequeathed item is appraised without the physical entity.

Section: As for the maintenance of the slave whose service was bequeathed, and other animals whose benefit was bequeathed,