Series of Answers by the Eminent Scholar Ata bin Khalil Abu al-Rashtah, Amir of Hizb ut-Tahrir
to the Questions of the Visitors to his Facebook Page "Fiqhi"
Answer to Question
To Sheikh Hussam Abu Mahmoud
Question:
Assalamu Alaikum Wa Rahmatullahi Wa Barakatuhu, may Allah reward you with goodness and grant you success.
If you please, I would like to ask a question: What is the ruling on renting gold? There are those who rent gold for a day or more, and this custom has become common in some countries. May Allah reward you with goodness.
Answer:
Wa Alaikum Assalam Wa Rahmatullahi Wa Barakatuhu,
Ijarah (leasing/hiring) is a contract over a benefit (manfa’ah) for a compensation (‘iwad). Included in Ijarah is what the contract refers to regarding the benefits of tangible assets, such as renting houses, riding animals, vehicles, and the like. We have explained this in the book, The Islamic Personality, Volume II, in the chapter on "Ijarah", where it states:
"(Ijarah is a contract over a benefit for a compensation, and it falls into three types:
The first type: Is that which the contract refers to regarding the benefits of tangible assets, such as renting houses, riding animals, vehicles, and the like.
The second type: Is that which the contract refers to regarding the benefit of work, such as hiring masters of crafts and trades for specific works; the subject of the contract is the benefit obtained from the work, such as hiring a dyer, a blacksmith, a carpenter, and the like.
The third type: Is that which the contract refers to regarding the benefit of a person, such as hiring servants, workers, and the like.
Ijarah in all its types is Shari’ah-permissible. Allah (swt) said:
وَرَفَعْنَا بَعْضَهُمْ فَوْقَ بَعْضٍ دَرَجَاتٍ لِّيَتَّخِذَ بَعْضُهُم بَعْضاً سُخْرِيّاً وَرَحْمَتُ رَبِّكَ خَيْرٌ مِّمَّا يَجْمَعُونَ
“And We have raised some of them above others in degrees [of rank] that they may take one another in service. But the mercy of your Lord is better than whatever they accumulate.” (Surah Az-Zukhruf 43:32)
Al-Bayhaqi narrated via Abu Hurairah that the Prophet (saw) said:
مَنْ اسْتَأْجَرَ أَجِيراً فَلْيُعْلِمْهُ أَجْرَهُ
“Whoever hires a worker, let him inform him of his wages.”
Al-Bukhari narrated:
أَنَّ النَّبِيَّ ﷺ وَالصِّدَّيْقَ اسْتَأْجَرَا رَجُلاً مِنْ بَنِي الدِّيلِ هَادِياً خِرِّيتًا
“That the Prophet (saw) and As-Siddiq hired a man from Banu ad-Dil as a skilled guide.”) End.
As you can see, everything whose benefit is permissible is allowed to be leased for a known wage and a known duration. It is permissible to rent a car for a specific amount for a specific period and for a specific use... However, regarding the leasing of gold and silver for a specific amount for a specific period for a woman to adorn herself with—there is something in my soul about this. Gold and silver are the basis of currency (naqd) in Islam, so how can currency be leased for currency?! That is, how can currency be leased for its own kind? In any case, this matter requires deeper study, and perhaps that will happen in the future, if Allah wills...
However, I will mention to you some jurisprudential (fiqhi) opinions so that you may adopt the opinion you feel comfortable with:
1- Al-Mughni by Ibn Qudamah (5/403):
[(4305) Section: Regarding what is permissible to lease. It is permissible to lease every tangible asset that can be utilized for a permissible benefit, while its original substance remains, such as land and houses.... And it is permissible to lease jewelry. Ahmad explicitly stated this in the narration of his son Abdullah. This was also stated by Ath-Thawri, Ash-Shafi’i, Ishaq, Abu Thawr, and the people of opinion (Ashab ar-Ra’y). It was narrated from Ahmad that he said regarding the leasing of jewelry: 'I do not know what it is?' Al-Qadi said: 'This is interpreted as leasing it for a wage of its own kind; as for leasing it for other than its own kind, there is no problem with it, due to Ahmad's explicit statement on its permissibility.'
Malik said regarding the leasing of jewelry and clothes: 'It is among the doubtful matters (al-mushtabihat).' Perhaps he views that the intended purpose of that is adornment, and that is not among the primary purposes...............].
2- Imam al-Nawawi said: [As-Saymari, then al-Mawardi and their followers mentioned here that it is better when one leases gold or silver jewelry not to lease it for its own kind, but rather to lease gold for silver and silver for gold. If one leases gold for gold or silver for silver, there are two views: (One of them) is its invalidity to avoid Riba (usury), and the correct view is its permissibility like all other leases. Al-Mawardi said: 'The first view is void because the contract of Ijarah is not entered by Riba; for this reason, it is permissible to lease gold jewelry for deferred dirhams by the consensus of the Muslims, and if Riba had any entry here, this would not be permissible.'] Al-Majmu’ 6/46.
3- The Kuwaiti Fiqh Encyclopedia (12/283):
[Leasing for Adornment:
25- The origin is the permissibility of leasing every tangible asset that can be used for a permissible benefit while its substance remains. For this reason, the Shafi’is and Hanbalis explicitly stated the permissibility of leasing clothes and jewelry for adornment, for spending on them is permissible and intended while their substance remains, and adornment is among the legitimate purposes. Allah (swt) said:
قُلْ مَنْ حَرَّمَ زِينَةَ اللَّهِ الَّتِي أَخْرَجَ لِعِبَادِهِ
“Say, 'Who has forbidden the adornment of Allah which He has produced for His servants'” (Surah Al-A'raf 7:32).
The permissibility of leasing gold and silver jewelry for other than its own kind is a point of agreement among them...
Ahmad hesitated if the wage was of its own kind, and it was narrated from him its absolute permissibility...
As for the Hanafis, they explicitly stated the corruption (fasad) of leasing things like clothes and vessels for adornment, as they said: 'If one leases clothes or vessels to beautify oneself with them, or an animal to lead it before him, or a house not to live in it... the lease is fasid (invalid) in all cases and there is no wage for him, because it is a benefit not intended from the asset.' It is permissible to lease clothes for wearing, weapons for Jihad, tents for living, and the like for a specific period in exchange for a known substitute, and jewelry is like clothing according to them...
The Malikis disliked (kariha) the leasing of jewelry because it is not the custom of the people, and they said: 'It is better to lend it (i’arah) because it is from the good deeds (ma’ruf).....
- The Kuwaiti Fiqh Encyclopedia (22/294):
Leasing what is needed of gold:
30 - The Hanbalis explicitly stated that it is valid to lease gold dinars for a known period for adornment and weighing, as well as everything that is needed like a gold nose, because it is a permissible benefit that is fulfilled while the asset remains, and everything that is such is permissible to lease without dispute.
The Shafi’is prohibited the leasing of dinars for adornment, while they explicitly stated the permissibility of leasing jewelry.] End.
4- It was stated in Jawahir al-‘Uqud by its author Shams al-Din Muhammad al-Asyuti then al-Qahiri al-Shafi’i (died 880 AH) Chapter (1/216):
(They differed regarding the leasing of jewelry—gold for gold, or silver for silver—is it disliked? Abu Hanifa, Ash-Shafi’i, and Malik said: It is not disliked.
Ahmad disliked it.)
5- Fiqh according to the Four Schools (3/60):
(As for the third category: which is the disliked (makruh), it includes matters such as: the leasing of jewelry, for it is disliked whether it is gold or silver...
From this you know that what is disliked to lease is the jewelry that is permissible to use. As for the prohibited, its leasing is prevented. So if a man leases jewelry, the lease is not valid, and some of them view the dislike of leasing it whether its use is halal or prohibited) End.
For your information, An-Nasa’i narrated in his Sunan from Abu Musa that the Messenger of Allah (saw) said:
أُحِلَّ الذَّهَبُ وَالْحَرِيرُ لِإِنَاثِ أُمَّتِي وَحُرِّمَ عَلَى ذُكُورِهَا
“Gold and silk have been permitted for the females of my Ummah and forbidden for its males.”
Accordingly, follow the opinion you feel comfortable with, and Allah is with you.
Your Brother, Ata bin Khalil Abu al-Rashtah
13 Safar al-Khayr 1445 AH Corresponding to 29/08/2023 CE
Link to the answer from the Amir’s page (may Allah protect him) on Facebook