The ruling on combining sale and lease in a single contract
Machine translationRead the Arabic original
Question:
Honorable Shaykh, what is the ruling on sale in the context of tenancy and lease?
Answer:
This is not permissible because it mixes two contracts, and each contract has its own rulings. So what do we rule on it? Do we rule that it is a lease?
And we cancel the sale? Or do we rule that it is a sale and cancel the lease? Or do we rule that it is both a sale and a lease, with each having a ruling different from the other? This is all confusion and is not among the contracts of Muslims. It is not permissible except that it be a lease only, in which case the rulings of lease apply to it, or a sale only, in which case the rulings of sale apply to it. As for this confusion and this mixing, it is not permissible. Is this not among the contracts of Muslims? Yes.
Honorable Shaykh, what is the ruling on sale in the context of tenancy and lease?
Answer:
This is not permissible because it mixes two contracts, and each contract has its own rulings. So what do we rule on it? Do we rule that it is a lease?
And we cancel the sale? Or do we rule that it is a sale and cancel the lease? Or do we rule that it is both a sale and a lease, with each having a ruling different from the other? This is all confusion and is not among the contracts of Muslims. It is not permissible except that it be a lease only, in which case the rulings of lease apply to it, or a sale only, in which case the rulings of sale apply to it. As for this confusion and this mixing, it is not permissible. Is this not among the contracts of Muslims? Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، بداية من باب الربا — islamhouse.com (36:11)
The Arabic text is a machine transcription of the audio recording.