تصفح برقم المجلد > Group 1 > Volume 15: Transactions 3 > Ruling on lump sum paid against relinquishing leasehold

Ruling on lump sum paid against relinquishing leasehold

Fatwa no. 5157
Q: What is your opinion (may Allah be merciful with you) on receiving or paying money for renting out a shop, a flat, or a fair bearing in mind that this money is other than
(Part No. 15; Page No. 89)
the sum written in the lease contract. Rather, the concerned sum is paid against relinquishing leasehold. The point is that some people view the foregoing as devouring the money of others unjustly. It may be worth mentioning that such a practice is widespread in today's markets and that the sum involved in it differs according to the importance of the place, its expected revenue, and the demand on it. Provide us with your beneficial answer, please. May Allah be merciful with you.
A: In case a person hires a house, a flat, or a fair for a certain period; it is permissible for them to rent it out to another person for the rest of the concerned period. This can be done for little or much money provided that no injustice is involved. However, in case a person's hiring period has already expired, it is impermissible for them to rent out the concerned house, flat, or fair unless they get permission of the owner thereof. Otherwise, the received rent is considered Haram (prohibited) regardless of it being little or much. This is because after the expiry of the period of rent, the house becomes the absolute right of its owner and thus any person benefiting from it without the consent of the owner is tantamount to assaulting the rights of the latter which is forbidden and considered devouring others' properties unjustly. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.

The Permanent Committee for Scholarly Research and Ifta'

Member Member Deputy Chairman Chairman
`Abdullah ibn Qa`ud `Abdullah ibn Ghudayyan `Abdul-Razzaq `Afify `Abdul-`Aziz ibn `Abdullah ibn Baz



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