The Ruling on Vacancy Fees and the Transfer of Footing
Machine translationRead the Arabic original
Question:
He says: What is the Shari'ah's view, in your opinion, Honorable Shaykh, regarding the amounts paid as vacancy fees for premises and shops, whether that is from the lessor to the lessee, or from the lessee to the lessor?
Answer:
If the lease term has expired, the lessee has no right to take a monetary compensation from it; that is forbidden for him. If the term has expired, he must either lease the shop for a new rent for a new term, or vacate the shop, especially if the owner of the shop asks him to. It is not permissible for him to do what they call "transfer of footing," because if his term has expired, he brings in a lessee after him and takes money from him, saying this is a transfer of footing. You have no right to this; your term has expired and you have no right to this place. Yes.
The presenter:
May Allah reward you
He says: What is the Shari'ah's view, in your opinion, Honorable Shaykh, regarding the amounts paid as vacancy fees for premises and shops, whether that is from the lessor to the lessee, or from the lessee to the lessor?
Answer:
If the lease term has expired, the lessee has no right to take a monetary compensation from it; that is forbidden for him. If the term has expired, he must either lease the shop for a new rent for a new term, or vacate the shop, especially if the owner of the shop asks him to. It is not permissible for him to do what they call "transfer of footing," because if his term has expired, he brings in a lessee after him and takes money from him, saying this is a transfer of footing. You have no right to this; your term has expired and you have no right to this place. Yes.
The presenter:
May Allah reward you
Source
نور على الدرب - الفوزان - 02/271 — archive.org (9:06)
The Arabic text is a machine transcription of the audio recording.