Taking turns (muhayaa) in the use of shared property

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

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

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

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

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}

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

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