The ruling on stipulating that the lessee must repair what he has damaged
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, if the lessor stipulates that the lessee must repair what he has damaged, is this condition valid?
Answer:
No, because he has been authorized to use it, so how can you demand it from him? You authorized him to use it and took the rent from him, so how can you demand that he repair what was damaged? No condition is needed. If he was transgressing, he is liable without a condition, and if he was not transgressing, he is not liable. If you took the rent, how can you take it a second time? Yes.
He says: Honorable Shaykh, may Allah grant you success, if the lessor stipulates that the lessee must repair what he has damaged, is this condition valid?
Answer:
No, because he has been authorized to use it, so how can you demand it from him? You authorized him to use it and took the rent from him, so how can you demand that he repair what was damaged? No condition is needed. If he was transgressing, he is liable without a condition, and if he was not transgressing, he is not liable. If you took the rent, how can you take it a second time? Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1422 -2802] حكم الاشتراط على المُستأجر أن يصلح ما أفسده - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.