What is the operative cause of the prohibition of what is called a lease ending in ownership?
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Question:
He says: Honorable Shaykh, may Allah grant you success, what is the operative cause of the prohibition of what is called a lease ending in ownership?
Answer:
The operative cause is the difference between the two contracts: the sale contract and the lease contract. It is a combination of the two, and they differ in their conditions and their implications, so it is not permissible to combine two different contracts. A lease is one type, and a sale is another type, so they should not be mixed. This is from one aspect. The second aspect is that it is required in a sale that it be immediate from the time of the contract and not be contingent on a future condition. In a lease and a sale ending in ownership, the sale is contingent on a future condition, so this is not permissible. Yes.
He says: Honorable Shaykh, may Allah grant you success, what is the operative cause of the prohibition of what is called a lease ending in ownership?
Answer:
The operative cause is the difference between the two contracts: the sale contract and the lease contract. It is a combination of the two, and they differ in their conditions and their implications, so it is not permissible to combine two different contracts. A lease is one type, and a sale is another type, so they should not be mixed. This is from one aspect. The second aspect is that it is required in a sale that it be immediate from the time of the contract and not be contingent on a future condition. In a lease and a sale ending in ownership, the sale is contingent on a future condition, so this is not permissible. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1392 -2802] ما العِلَّة في تحريم ما يسمى بالإيجار المنتهي بالتمليك؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.