The ruling on renting out a shop for a fixed amount
Machine translationRead the Arabic original
Question:
Abu Salih sent a question saying: I am asking about this issue. The owner of our shop agrees with a person to take over the shop, and that person has full authority to dispose of it through selling, buying, and the like. This person gives the shop owner a specific amount agreed upon in a document each month, and both of them are satisfied with this. Is this transaction valid?
Answer:
This transaction is not valid; it is invalid. Yes, if he rents out the shop and sells him the goods in it, that is buying, selling, and renting, and there is no harm in it. However, if he imposes a specific amount on him every month, that is not permissible and the contract is invalid, unless this is part of renting out the shop. It is permissible to rent out the shop by the month, by the year, by the week, or by the day; there is no harm in renting. However, if he pays this amount in exchange for the goods he takes possession of in the shop and sells, that is not permissible.
The obligatory thing in such a case is that it be a mudarabah (profit-sharing partnership). He should give him a sum of money and say, "Trade with it, and if you make a profit, I will have a share of the profit, and the rest of the profit is yours." This is the lawful, good, and beneficial mudarabah. Yes.
The presenter:
May Allah reward you,
Abu Salih sent a question saying: I am asking about this issue. The owner of our shop agrees with a person to take over the shop, and that person has full authority to dispose of it through selling, buying, and the like. This person gives the shop owner a specific amount agreed upon in a document each month, and both of them are satisfied with this. Is this transaction valid?
Answer:
This transaction is not valid; it is invalid. Yes, if he rents out the shop and sells him the goods in it, that is buying, selling, and renting, and there is no harm in it. However, if he imposes a specific amount on him every month, that is not permissible and the contract is invalid, unless this is part of renting out the shop. It is permissible to rent out the shop by the month, by the year, by the week, or by the day; there is no harm in renting. However, if he pays this amount in exchange for the goods he takes possession of in the shop and sells, that is not permissible.
The obligatory thing in such a case is that it be a mudarabah (profit-sharing partnership). He should give him a sum of money and say, "Trade with it, and if you make a profit, I will have a share of the profit, and the rest of the profit is yours." This is the lawful, good, and beneficial mudarabah. Yes.
The presenter:
May Allah reward you,
Source
نور على الدرب - الفوزان - 02/247 — archive.org (4:46)
The Arabic text is a machine transcription of the audio recording.