Taking turns (muhayaa) in the use of shared property

المُهَايَأة

Muhayaa is, in law, sharing the use of a property in turns. It is lawful by the Qur'an, the Sunna and consensus, and concerns uses rather than the things themselves. Most jurists hold it a permissible contract that either party may end; the Malikis hold it binding when fixed to a set term. The jurists differ on how disputes are settled, on rare earnings and expenses of a shared slave or animal, and on whether the hand that holds the property in turn is a trustee or a guarantor.

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Summary

In the lexicon muhayaa is sharing in turns. In law it is dividing the use of a property in succession. It is distinct from division (qisma), which splits the thing itself. 1

Basis and object

It is lawful by the Qur'an, the Sunna and consensus; its object is the uses, not the things, as with a house held in joint endowment, rented or owned in common. 1

Kinds

It is divided by time and place, and by consent or compulsion; these are treated under division. 2

Its binding force

Most Hanafis, Shafi'is and Hanbalis hold it non-binding, so either party may withdraw, and it does not end on the death of one of them. The Malikis hold it binding when it has a fixed term, like a lease. 2

Disputes

The Hanafis have the judge bring the parties to agreement on time or place, and draw lots on who starts. The Shafi'is draw lots over the start; a partner who withdraws after part of the term owes half the rent for what he used. 2 3

Effect and rare earnings

Each partner exploits the thing in his turn. The sounder Shafi'i view is that rare earnings of a shared slave fall under the turns, while the Hanbali view is that they do not. 3

Liability

The Hanafis and Shafi'is hold each partner's hand in his turn a trust, with no liability if the thing perishes. The Hanbalis treat muhayaa like a loan, so the holder is liable. 4

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15116
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15117
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15118
  4. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15119
Cite this page

islam.museum contributors. “Taking turns (muhayaa) in the use of shared property”. islam.museum, https://islam.museum/en/concept/muhayaa/. CC BY-SA 4.0. Last updated 2026-10-23.

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