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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Vacating Premises in a Lease

Machine translationRead the Arabic original
The questioner:
I lease you the land for such-and-such amount without the water, and I lease you the land with the water for more than that. What is the ruling on this?

The Shaykh:
We benefit from the land without the water if the intention is agriculture or grazing, as the land is not suitable except with the water, unless he has a source of water in his position or he leads a source of water to the place.

The questioner:
Is it permissible in countries where the lease is without a specified duration, is it permissible for the tenant to take the right of first refusal (khulu al-qadam)?

The Shaykh:
He may take it if the lessor himself agrees to it. This is injustice and is not permissible. A Muslim does not take the wealth of people without right except with their consent. If the owner of the shop agrees to keep it after the first tenant, he may keep it. But for them to invent a rule that he does not vacate his place according to the system, this is not permissible.
Source قناة «العلامة الدكتور صالح الفوزان»، 141/91 شرح زاد المستقنع/ صالح الفوزان — youtube.com (7:07)

The Arabic text is a machine transcription of the audio recording.

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