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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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If I rent out my house to a person for a period of ten years and then sell it to another, is the contract valid?

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The questioner : I have a house that I rented to so-and-so for a period of ten years, and then I sold it to another so-and-so.

The Shaykh : Is the contract valid or not? It is valid, even though it is rented out for a period of ten years. Who benefits from it? The seller or the tenant who had the prior lease contract? The tenant. Now, if I sell this house and exclude its residence for ten years, some scholars say that this is not permissible, and the first issue is permissible. This is because the exclusion by ruling is stronger than the exclusion by wording. The exclusion by ruling is because the benefits of the house for ten years are excluded by ruling by virtue of the lease contract. As for the exclusion by wording, I say: I sold you this house and excluded its residence for ten years. This is an exclusion by wording, because it was not the case that the benefits of the house were previously acquired by a contract prior to this. Likewise, the trust. Now, in the example we mentioned, if the buyer bought the house and did not know that it was rented out for ten years, and he said, "I bought it, but I did not like it." What do we say? We say: But you have the option now. If you wish, you can remain with the contract and the rent is yours from the time of the contract. If you wish, you can annul the contract. If you wish, you can keep it and the rent is mine, not the seller's. Correct? Yes. Yes, it is correct, but it is not obligatory. You see the options before him.
That the contract remains and the rent belongs to the seller, that the contract remains and the rent belongs to the buyer, or that the contract is annulled. As for if the contract is annulled, the matter is clear. And if he wants it and it is found for him, this is his right. And if he keeps it and the rent is for the buyer, this depends on his choice. If it is by his choice, there is no harm.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 322 - إذا أجرت بيتي لشخص مدة عشر سنوات ثم بعته على آخر فهل يصح العقد؟ قواعد ابن رجب - ابن عثيمين — youtube.com

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

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