Rulings on Leasing, Sale, and Partnership
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah make your speech eloquent. A man leased his house to another for a fixed amount without specifying a duration. The question is: if the duration becomes long and the value of the currency changes, so that the rent amount becomes very low in value, is the lessor obligated to force the lessee to raise the rent?
The Shaykh:
This rent is not valid from the start. It must be specified. Any lease where the duration is not specified is unknown, and if the duration is unknown, the contract is defective.
The presenter:
May Allah grant you success,
The questioner:
If the land is flooded with water and owned by its owner, is it permissible to lease it as a fish farm?
The Shaykh:
For fish? Where do the fish come from? He brings the fish and puts them in it. If he brings the fish and puts them in it, that is contrary to the norm, but there is no harm.
The presenter:
By that.
The questioner:
He says: Honorable Shaykh, may Allah grant you success. What is the ruling on leasing cars by the day?
The Shaykh:
Well, he brings cars for days. He leases it for ten days, twenty days, or the reward? No.
The presenter:
There is no harm.
The questioner:
And Honorable Shaykh, may Allah grant you success. The tools and means of jihad on earth have changed. In the present time, instead of spears, there are rifles and machine guns, and instead of camels, there are tanks. Do they take the ruling of the previous ones in terms of racing? Yes.
The Shaykh:
Whatever is among the tools of jihad in any time according to its context takes the ruling. I say: Honorable Shaykh, may Allah grant you success. What about prizes for Quran competitions and cultural competitions? Are they permissible?
Taking prizes for legal issues. Ibn al-Qayyim permitted this in his book *Al-Buruq al-Mudhakkirah*. He said that it falls under jihad in the path of Allah, because learning beneficial and legal knowledge is part of jihad in the path of Allah. From this perspective, there is no harm, because it is part of jihad in the path of Allah. Learning legal knowledge is part of jihad in the path of Allah. It is permissible to take prizes for competitions in jurisprudential issues, grammatical issues, and inheritance issues, as long as it is for learning beneficial knowledge.
The presenter:
Honorable
The questioner:
The Shaykh, may Allah make your speech eloquent. If I see the house through photographs or through video, is that sufficient to know it? Is that sufficient to know this effect?
The Shaykh:
No. Photographs are uncertain. If he photographed a car for you, or a distant photograph, the car is negative, a film from fifty kilometers away. This is excessive uncertainty and insult.
The presenter:
says
The questioner:
Honorable Shaykh, may Allah make your speech eloquent. If it is written in the lease contract that the lessee is prohibited from subleasing to others, is this condition valid? Yes. If it is written in the lease contract that the lessee is prohibited from subleasing to others, is this condition valid?
The Shaykh:
Yes, but he says: Do not lease it to someone who is more harmful to the animal or the house. As for preventing him from leasing it to someone who is like him or less harmful, he does not have that right, because if it is permissible for him to take the benefit himself, it is permissible for him to give it to another or lease it to another. So his right is that he is not restricted, but his approach is to tell him: Do not lease it to someone more harmful to the property. Yes.
The presenter:
says
The questioner:
Honorable Shaykh, may Allah grant you success. Is betting permissible, citing the action of Abu Bakr al-Siddiq (may Allah be pleased with him) with the polytheists?
The Shaykh:
No, this is not authentic. It was mentioned at the beginning of Surat al-Rum. Ibn Kathir mentioned this, but he criticized the chain of narration, and it is not authentic.
The presenter:
Regarding
The questioner:
leasing that ends in ownership. What is the reason for its permissibility? And one who argued for its permissibility with the story of Musa (peace be upon him) when Shu'ayb hired him, and that this is evidence for permissibility, how is he refuted?
The Shaykh:
Musa did not sell and lease; he only leased. He did not combine leasing and selling. It was only a wage. A halal wage. He hired me, and also bought? He did not say "sell it to me." This is strange argumentation. As for the issue of the prize, my brother, go and take a copy of the decision from the Dammam court and read it. The reasons for the prohibition are mentioned in it. Yes.
The presenter:
Honorable Shaykh, may Allah grant you success
The questioner:
A person is known for saying. He is known for this statement: that what is thrown in the mosques and in the Friday sermons is rotten heritage and that it is pus culture and shallowness. What is the ruling on this statement and the one who says it?
The Shaykh:
This is the rotten one. This is himself the rotten one. So there is no conversation with him because he is rotten.
The presenter:
He says: Honorable Shaykh, may Allah grant you success,
The questioner:
A man was struck by a coma for a period, and many prayers passed that he did not pray. Then he regained consciousness. Does he make them up, or are those prayers dropped from him?
The Shaykh:
By Allah, the persistent one, approximately, if the duration was long, a long coma, then he does not make them up. But if the coma was three days or two days, then he makes them up, because there is no hardship or difficulty on him, so he makes them up. If the coma was a short period, like three days for example, then if it was long, he does not make them up. Yes.
The presenter:
He says: Honorable Shaykh, may Allah make your speech eloquent.
The questioner:
A married woman who does not pray, and after years Allah guided her, so she started praying. Is it obligatory to renew the marriage contract after that?
The Shaykh:
It is necessary to renew the contract for you.
The presenter:
The Shaykh
The questioner:
May Allah make your speech eloquent. A person has a cargo car which he leased to a worker, so the worker works on it and he pays him two thousand riyals every month. Then after a period, he sold it to the worker in monthly installments. What is the ruling on this action?
The Shaykh:
If he ended the lease contract, if he ended the lease contract and sold it to him, there is no harm. But if he combines the lease contract and the sale, this sale that ends or the leasing that ends... this is bias.
The presenter:
Stay alive.
The Shaykh:
Yes.
The questioner:
Is it permissible for two partners to agree that the profit between them is by a ratio, for example one-third, and the loss is distributed by the same ratio, even if the ratio of capital differs?
The Shaykh:
Yes. Is it permissible to lose on the capital? Is the loss on the partners? The loss is on the capital. They share in the profit, and as for the loss, it is on the capital. Each one bears the loss according to his share of the capital. Yes.
The presenter:
He says: Honorable Shaykh, may Allah grant you success
The questioner:
A person buys diamonds and pays the price in installments, and after the possibility of the amount, the diamonds are sent to him. Is this sale valid?
The Shaykh:
No, because what is prohibited is selling gold and silver for a deferred price. If he sold gold and silver for deferred dirhams, that is prohibited. But if he sold something other than gold and silver, like clothing which is not gold or silver, then it is permissible to sell it for immediate or deferred payment.
The presenter:
And is
The questioner:
Is it valid to take a commission for bringing customers to this company?
The Shaykh:
If you are a broker for them, convey to them the Algeria.
The presenter:
I say
The questioner:
Honorable Shaykh, may Allah grant you success. A person leased a house for his family, and before they moved in, the lessee died. Does the contract dissolve? And if they lived there for a known period and then the lessee died, and his family said to the owner: We will give you the rent for the time that has passed and we will leave the house. Is the owner obligated to accept?
The Shaykh:
The rent remains, and it remains until the judgment, until it is delivered. It does not dissolve, unless they reconcile. If they reconcile between them, it is fine. It does not dissolve. But if they do not reconcile between them, the lease remains until the duration ends.
The presenter:
So the heirs
The questioner:
can, if they no longer need it,
The Shaykh:
lease it for the remaining duration.
He says: Honorable Shaykh, may Allah make your speech eloquent. A man leased his house to another for a fixed amount without specifying a duration. The question is: if the duration becomes long and the value of the currency changes, so that the rent amount becomes very low in value, is the lessor obligated to force the lessee to raise the rent?
The Shaykh:
This rent is not valid from the start. It must be specified. Any lease where the duration is not specified is unknown, and if the duration is unknown, the contract is defective.
The presenter:
May Allah grant you success,
The questioner:
If the land is flooded with water and owned by its owner, is it permissible to lease it as a fish farm?
The Shaykh:
For fish? Where do the fish come from? He brings the fish and puts them in it. If he brings the fish and puts them in it, that is contrary to the norm, but there is no harm.
The presenter:
By that.
The questioner:
He says: Honorable Shaykh, may Allah grant you success. What is the ruling on leasing cars by the day?
The Shaykh:
Well, he brings cars for days. He leases it for ten days, twenty days, or the reward? No.
The presenter:
There is no harm.
The questioner:
And Honorable Shaykh, may Allah grant you success. The tools and means of jihad on earth have changed. In the present time, instead of spears, there are rifles and machine guns, and instead of camels, there are tanks. Do they take the ruling of the previous ones in terms of racing? Yes.
The Shaykh:
Whatever is among the tools of jihad in any time according to its context takes the ruling. I say: Honorable Shaykh, may Allah grant you success. What about prizes for Quran competitions and cultural competitions? Are they permissible?
Taking prizes for legal issues. Ibn al-Qayyim permitted this in his book *Al-Buruq al-Mudhakkirah*. He said that it falls under jihad in the path of Allah, because learning beneficial and legal knowledge is part of jihad in the path of Allah. From this perspective, there is no harm, because it is part of jihad in the path of Allah. Learning legal knowledge is part of jihad in the path of Allah. It is permissible to take prizes for competitions in jurisprudential issues, grammatical issues, and inheritance issues, as long as it is for learning beneficial knowledge.
The presenter:
Honorable
The questioner:
The Shaykh, may Allah make your speech eloquent. If I see the house through photographs or through video, is that sufficient to know it? Is that sufficient to know this effect?
The Shaykh:
No. Photographs are uncertain. If he photographed a car for you, or a distant photograph, the car is negative, a film from fifty kilometers away. This is excessive uncertainty and insult.
The presenter:
says
The questioner:
Honorable Shaykh, may Allah make your speech eloquent. If it is written in the lease contract that the lessee is prohibited from subleasing to others, is this condition valid? Yes. If it is written in the lease contract that the lessee is prohibited from subleasing to others, is this condition valid?
The Shaykh:
Yes, but he says: Do not lease it to someone who is more harmful to the animal or the house. As for preventing him from leasing it to someone who is like him or less harmful, he does not have that right, because if it is permissible for him to take the benefit himself, it is permissible for him to give it to another or lease it to another. So his right is that he is not restricted, but his approach is to tell him: Do not lease it to someone more harmful to the property. Yes.
The presenter:
says
The questioner:
Honorable Shaykh, may Allah grant you success. Is betting permissible, citing the action of Abu Bakr al-Siddiq (may Allah be pleased with him) with the polytheists?
The Shaykh:
No, this is not authentic. It was mentioned at the beginning of Surat al-Rum. Ibn Kathir mentioned this, but he criticized the chain of narration, and it is not authentic.
The presenter:
Regarding
The questioner:
leasing that ends in ownership. What is the reason for its permissibility? And one who argued for its permissibility with the story of Musa (peace be upon him) when Shu'ayb hired him, and that this is evidence for permissibility, how is he refuted?
The Shaykh:
Musa did not sell and lease; he only leased. He did not combine leasing and selling. It was only a wage. A halal wage. He hired me, and also bought? He did not say "sell it to me." This is strange argumentation. As for the issue of the prize, my brother, go and take a copy of the decision from the Dammam court and read it. The reasons for the prohibition are mentioned in it. Yes.
The presenter:
Honorable Shaykh, may Allah grant you success
The questioner:
A person is known for saying. He is known for this statement: that what is thrown in the mosques and in the Friday sermons is rotten heritage and that it is pus culture and shallowness. What is the ruling on this statement and the one who says it?
The Shaykh:
This is the rotten one. This is himself the rotten one. So there is no conversation with him because he is rotten.
The presenter:
He says: Honorable Shaykh, may Allah grant you success,
The questioner:
A man was struck by a coma for a period, and many prayers passed that he did not pray. Then he regained consciousness. Does he make them up, or are those prayers dropped from him?
The Shaykh:
By Allah, the persistent one, approximately, if the duration was long, a long coma, then he does not make them up. But if the coma was three days or two days, then he makes them up, because there is no hardship or difficulty on him, so he makes them up. If the coma was a short period, like three days for example, then if it was long, he does not make them up. Yes.
The presenter:
He says: Honorable Shaykh, may Allah make your speech eloquent.
The questioner:
A married woman who does not pray, and after years Allah guided her, so she started praying. Is it obligatory to renew the marriage contract after that?
The Shaykh:
It is necessary to renew the contract for you.
The presenter:
The Shaykh
The questioner:
May Allah make your speech eloquent. A person has a cargo car which he leased to a worker, so the worker works on it and he pays him two thousand riyals every month. Then after a period, he sold it to the worker in monthly installments. What is the ruling on this action?
The Shaykh:
If he ended the lease contract, if he ended the lease contract and sold it to him, there is no harm. But if he combines the lease contract and the sale, this sale that ends or the leasing that ends... this is bias.
The presenter:
Stay alive.
The Shaykh:
Yes.
The questioner:
Is it permissible for two partners to agree that the profit between them is by a ratio, for example one-third, and the loss is distributed by the same ratio, even if the ratio of capital differs?
The Shaykh:
Yes. Is it permissible to lose on the capital? Is the loss on the partners? The loss is on the capital. They share in the profit, and as for the loss, it is on the capital. Each one bears the loss according to his share of the capital. Yes.
The presenter:
He says: Honorable Shaykh, may Allah grant you success
The questioner:
A person buys diamonds and pays the price in installments, and after the possibility of the amount, the diamonds are sent to him. Is this sale valid?
The Shaykh:
No, because what is prohibited is selling gold and silver for a deferred price. If he sold gold and silver for deferred dirhams, that is prohibited. But if he sold something other than gold and silver, like clothing which is not gold or silver, then it is permissible to sell it for immediate or deferred payment.
The presenter:
And is
The questioner:
Is it valid to take a commission for bringing customers to this company?
The Shaykh:
If you are a broker for them, convey to them the Algeria.
The presenter:
I say
The questioner:
Honorable Shaykh, may Allah grant you success. A person leased a house for his family, and before they moved in, the lessee died. Does the contract dissolve? And if they lived there for a known period and then the lessee died, and his family said to the owner: We will give you the rent for the time that has passed and we will leave the house. Is the owner obligated to accept?
The Shaykh:
The rent remains, and it remains until the judgment, until it is delivered. It does not dissolve, unless they reconcile. If they reconcile between them, it is fine. It does not dissolve. But if they do not reconcile between them, the lease remains until the duration ends.
The presenter:
So the heirs
The questioner:
can, if they no longer need it,
The Shaykh:
lease it for the remaining duration.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/91 شرح زاد المستقنع/ صالح الفوزان — youtube.com (9:59)
The Arabic text is a machine transcription of the audio recording.