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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The condition in the contract that the lessee is prohibited from subleasing to others

Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success, if it is written in a lease contract that the lessee is prohibited from subleasing to others, is this condition valid?

The Shaykh:
Yes.

The questioner:
If it is written in a lease contract that the lessee is prohibited from subleasing to others, is this condition valid?

The Shaykh:
Yes, but he should specify that he may not sublease it to someone who causes more harm to the animal or the house. As for preventing him from subleasing it to someone who is like him or causes less harm, he has no right to do that. Because if it is permissible for him to take the benefit himself, it is permissible for him to give it to another or to lease it to another. What is it? It is his right; he is not restricted from it, he is not restricted from it. But it is not that he says to him, "Do not sublease it," and he prefers someone who causes more harm to the property. Yes.
Source شرح زاد المستقنع [57] — alfawzan.live (1:22:05)

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

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