Subletting by the Tenant
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Fatwa No. ( 19702 )
Q: I hope you, may Allah protect you, will clarify the ruling in the following matter for me: If the owner of a building wishes to rent out the entire building to me, desiring comfort and avoiding dealing with multiple tenants if he rented it out as apartments, so that he deals with only one person, and he grants me, as the tenant of the entire building, the right to sublet the building for 100,000 (one hundred thousand) riyals, and then I rent it out as apartments or rooms after I have furnished it with carpeting, some furniture, refrigerators, etc., for 150,000 (one hundred and fifty thousand) riyals, and after I have paid for cleaning staff, a guard, and other expenses, is the remaining profit lawful for me? Especially since I provided all the services to the residents and did not fall short, but rather
they thanked me for my efforts. And if I do this with more than one building, especially since I have capital, is this not better than placing it in a bank or in a project that is not under my control and supervision? Please advise me, may Allah reward you with good and guide and protect you.
A: One who leases an item has the right to sublet it to another for the same amount he leased it for, or for more, or for less, and for the same duration of the lease agreed upon, to someone who is in his position regarding its use or lower, but not to someone who is more harmful than him; because he owns the right to benefit from the leased item, so it is permissible for him to take that benefit himself or through another, unless the leasing owner stipulates that it not be sublet to another, or that it not be sublet to owners of specific trades or crafts he has defined, in which case they are bound by what they stipulated.
Q: I hope you, may Allah protect you, will clarify the ruling in the following matter for me: If the owner of a building wishes to rent out the entire building to me, desiring comfort and avoiding dealing with multiple tenants if he rented it out as apartments, so that he deals with only one person, and he grants me, as the tenant of the entire building, the right to sublet the building for 100,000 (one hundred thousand) riyals, and then I rent it out as apartments or rooms after I have furnished it with carpeting, some furniture, refrigerators, etc., for 150,000 (one hundred and fifty thousand) riyals, and after I have paid for cleaning staff, a guard, and other expenses, is the remaining profit lawful for me? Especially since I provided all the services to the residents and did not fall short, but rather
they thanked me for my efforts. And if I do this with more than one building, especially since I have capital, is this not better than placing it in a bank or in a project that is not under my control and supervision? Please advise me, may Allah reward you with good and guide and protect you.
A: One who leases an item has the right to sublet it to another for the same amount he leased it for, or for more, or for less, and for the same duration of the lease agreed upon, to someone who is in his position regarding its use or lower, but not to someone who is more harmful than him; because he owns the right to benefit from the leased item, so it is permissible for him to take that benefit himself or through another, unless the leasing owner stipulates that it not be sublet to another, or that it not be sublet to owners of specific trades or crafts he has defined, in which case they are bound by what they stipulated.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.