The Lessor’s Condition on the Lessee Not to Sublet
Machine translationRead the Arabic original
Question:
This questioner says: Honorable Shaykh, if I rent my house to a person for him to live in, do I have the right to condition that he not rent it to another person, and likewise that he not use it for forbidden forms of entertainment?
Answer:
As for conditioning that he not use it for sins, and not place in it forbidden media or forbidden instruments like songs and flutes, this is a valid condition. It is obligatory for you to make this condition. As for the lessee not renting it out, he has the right to rent it out; he has the right to let it be rented out. However, he must rent it to someone similar to him in terms of usage; he must not rent it to someone who is more harmful to the house than he is. So if the second lessee uses it in the same way the first lessee uses it, there is no harm, and do not restrict him, because this is his right. It is his right. But you may condition that he not rent it to someone who harms the house or uses it in a bad way. Yes.
The presenter:
May Allah reward you with good,
This questioner says: Honorable Shaykh, if I rent my house to a person for him to live in, do I have the right to condition that he not rent it to another person, and likewise that he not use it for forbidden forms of entertainment?
Answer:
As for conditioning that he not use it for sins, and not place in it forbidden media or forbidden instruments like songs and flutes, this is a valid condition. It is obligatory for you to make this condition. As for the lessee not renting it out, he has the right to rent it out; he has the right to let it be rented out. However, he must rent it to someone similar to him in terms of usage; he must not rent it to someone who is more harmful to the house than he is. So if the second lessee uses it in the same way the first lessee uses it, there is no harm, and do not restrict him, because this is his right. It is his right. But you may condition that he not rent it to someone who harms the house or uses it in a bad way. Yes.
The presenter:
May Allah reward you with good,
Source
نور على الدرب - الفوزان - 03/223 — archive.org (12:58)
The Arabic text is a machine transcription of the audio recording.
