Is it permissible to sublease a rented premises for more than the rent paid?
Machine translationRead the Arabic original
The questioner : Shaykh, I have a premises that I rented for one hundred and ten dinars per month. Is it permissible for me to sublease it for two hundred dinars, even though I am the one who rented it?
The Shaykh : No. It is not permissible.
The questioner : Okay, I have a premises that I rented for two hundred dinars, and I have about eight hundred dinars. What do I do with these eight hundred dinars? What do I do with them, man? Because I guaranteed it and finished renting it and subleased it, and after a while I realized that I have no right to sublease while I am a tenant, and I have this amount of eight hundred dinars. What do I do with them?
The Shaykh : I mean, these are in excess of the rent that you pay.
The questioner : I have no one to pay.
The Shaykh : And you rented it out for more. Return it to the owner of the place from which you are renting. Yes.
The questioner : There is one more thing. I paid a premium for the premises of fourteen thousand dinars, meaning I took this benefit on the basis that, of course, I paid the premium to the person from whom I took the premises.
The Shaykh : Yes, if you had paid it to the owner of the premises, you would deduct it from what you paid him. But since it was from someone else, there is no way.
The Shaykh : No. It is not permissible.
The questioner : Okay, I have a premises that I rented for two hundred dinars, and I have about eight hundred dinars. What do I do with these eight hundred dinars? What do I do with them, man? Because I guaranteed it and finished renting it and subleased it, and after a while I realized that I have no right to sublease while I am a tenant, and I have this amount of eight hundred dinars. What do I do with them?
The Shaykh : I mean, these are in excess of the rent that you pay.
The questioner : I have no one to pay.
The Shaykh : And you rented it out for more. Return it to the owner of the place from which you are renting. Yes.
The questioner : There is one more thing. I paid a premium for the premises of fourteen thousand dinars, meaning I took this benefit on the basis that, of course, I paid the premium to the person from whom I took the premises.
The Shaykh : Yes, if you had paid it to the owner of the premises, you would deduct it from what you paid him. But since it was from someone else, there is no way.
Source
سلسلة الهدى والنور، المجلس 948 — d3watuna.com (7:57)
The Arabic text is a machine transcription of the audio recording.