The termination of the lease of an orphan's house upon his reaching maturity
Machine translationRead the Arabic original
Question : This is a man who was the guardian of an orphan. He was the guardian of an orphan. He leased his house for a period of one year, and the orphan reached maturity after six months. Does the lease terminate for the remaining period? Because the guardian's authority ceased upon his reaching maturity, or does it not terminate?
Answer : There are two views. One view is that it terminates because the guardianship was completed and ceased. The other view is that it does not terminate because the guardian leased this house in a valid, lawful manner, so it does not terminate.
There is a third, middle opinion which states that if he leased it for a period in which he knows the orphan will reach maturity, the lease terminates for the remaining period. If he did not know, it does not terminate. So, if he leased it knowing that the orphan will turn fifteen in six months, and he leased his house for a year, here he leased it for a period in which he knows he will reach maturity. Thus, the lease is valid for the first six months and terminates for the remaining six. As for if the boy is, for example, fourteen years old, or let us say thirteen years old, and he leased his property for a year, here we know that he will not reach maturity by age during this period, but he may reach maturity by what? By having a wet dream. So, he leased it to a thirteen-year-old for a year, and during this year, he had a wet dream, so now he has become an adult.
In this case, we say that it does not terminate, because the man leased it for a period in which he believed he had guardianship, so the lease does not terminate. And this opinion, which contains the distinction, is the correct one. This opinion is the correct one. So, there are three opinions in this issue: absolute termination, absolute non-termination, and the third is that if he knows he will reach maturity during the period, the lease terminates for the remaining period, otherwise it does not.
Answer : There are two views. One view is that it terminates because the guardianship was completed and ceased. The other view is that it does not terminate because the guardian leased this house in a valid, lawful manner, so it does not terminate.
There is a third, middle opinion which states that if he leased it for a period in which he knows the orphan will reach maturity, the lease terminates for the remaining period. If he did not know, it does not terminate. So, if he leased it knowing that the orphan will turn fifteen in six months, and he leased his house for a year, here he leased it for a period in which he knows he will reach maturity. Thus, the lease is valid for the first six months and terminates for the remaining six. As for if the boy is, for example, fourteen years old, or let us say thirteen years old, and he leased his property for a year, here we know that he will not reach maturity by age during this period, but he may reach maturity by what? By having a wet dream. So, he leased it to a thirteen-year-old for a year, and during this year, he had a wet dream, so now he has become an adult.
In this case, we say that it does not terminate, because the man leased it for a period in which he believed he had guardianship, so the lease does not terminate. And this opinion, which contains the distinction, is the correct one. This opinion is the correct one. So, there are three opinions in this issue: absolute termination, absolute non-termination, and the third is that if he knows he will reach maturity during the period, the lease terminates for the remaining period, otherwise it does not.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 329 - رجل وليّ على يتيم وآجر بيته لمدة سنة فبلغ اليتيم بعد ستة أشهر هل تنفسخ الإجارة؟ ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
