Section: The lessee is permitted to lease the asset for an equivalent rent or more. Ahmad stated this explicitly, and it is reported from 'Ata', al-Hasan, and al-Zuhri. This is also the view of al-Shafi'i, Abu Thawr, and Ibn al-Mundhir. According to another narration from Ahmad, if he introduces an improvement to the asset, it is permissible for him to lease it for more; otherwise, an increase is not permitted, and if he does so, he must give the surplus as charity. This was narrated by al-Sha'bi, and it is the view of al-Thawri and Abu Hanifah, because he profits from that which he has not guaranteed, and the Prophet (peace and blessings of Allah be upon him) forbade profiting from that which one has not guaranteed. Furthermore, because he profits from that which he has not guaranteed, it is not permissible, just as if he were to profit from food before taking possession of it. This differs from when he performs work on it, because the profit is in exchange for the labor. There is a third narration from Ahmad that if the owner gives him permission for the increase, it is permissible; otherwise, it is not. Ibn al-Musayyab, Abu Salamah, Ibn Sirin, Mujahid, 'Ikrimah, al-Sha'bi, and al-Nakha'i considered the increase absolutely disliked, as it falls under profiting from that which one has not guaranteed. To us, it is a contract that is permissible at the capital cost, so it is permissible at an increase, like selling sold goods after taking possession of them, and as if he constructed a building that does not correspond to any part of the rent. As for the report, the usufructs have entered into his guarantee from one perspective, for if they were lost without his utilizing them, they would be under his guarantee. It is not correct to draw an analogy with the sale of food before taking possession of it, for that sale is entirely forbidden, regardless of whether he profits or not, whereas here it is permissible in general. Their reasoning that the profit is in exchange for his work is negated by the case where he merely sweeps and cleans the house, for that customarily increases its rent.

Section: Al-Athram reported from Ahmad that he asked him about a man who undertakes a task, and then subcontracts it for less—is he permitted to keep the surplus? He said: "I do not know; it is an issue that has some complication." I said: "Is the tailor not easier in your view if he cuts the garment, or someone else if he performs some of the work?" He said: "If he performs some work, it is easier." Al-Nakha'i said: "There is no harm in a tailor accepting clothes for a known wage, and then subcontracting them after he has assisted in it, or cut it, or provided threads or needles, or sewn [something into it; but if he has not assisted] in it with anything, he should not take any surplus." This allows...