Benefit or usufruct (manfa'a) as property and as a legal thing

Manfa'a is the benefit obtained by using a thing: a house is used by living in it, a beast by riding it. The ghalla is what yields from land or its rent, and al-Qalyubi takes the ghalla to be a material return while the manfa'a is an immaterial one. ^{1 2}

The Malikis, the Shafi'is in their school, and the Hanbalis hold that benefits are valued property; the Hanafis hold that they are not valued in themselves unless a contract is made over them. ³

Most jurists hold that benefits are compensated when destroyed or seized, as things are; the Hanafis hold they are not, except through a contract or its semblance, and exempt the property of an orphan, an endowment and what is held for rent. ^{3 4}

The Malikis in the better-known view, the Shafi'is and the Hanbalis allow a benefit to be the dower. The Hanafis allow it when the benefit is of things, such as lodging in a house or the use of servants, for a known period. ^{4 5}

The Hanafis and Hanbalis hold that pre-emption does not apply where a thing is exchanged for a benefit; the Malikis and Shafi'is hold it applies when the return is not valued property, such as a dower, a khul' payment, manumission or a settlement for blood. ^{5 6}

Most jurists hold that benefits are inherited. The Hanafis say a benefit alone is not inherited. The Shafi'is do not allow a benefit to be pledged, while the Malikis hold two views. Partition of benefits by agreement is allowed. ^{6 7}

Benefits may be released by the owner of the thing or the holder of the usufruct. Most allow the exchange for a consideration; the Hanafis allow it only to the owner of both thing and benefit, or to the holder of the benefit for a consideration. A usufruct ends when the thing perishes or the term runs out. ^{7 8}

Bequest of benefits is allowed by the Hanafis, Malikis, Shafi'is and Hanbalis, and Ibn Abi Layla disallows it. Most jurists disallow endowment of benefits alone; the Malikis allow it. ^{8 9}

Fakhr al-Din al-Razi held that the basic rule for benefits is permission and for harms prohibition; he argued from God's creating what is on earth for his servants, and from the wisdom of creation. Al-Zarkashi listed this rule among the disputed evidences. ^{9 10 11}