The Disagreement Between the Lessor and the Lessee
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Question:
It is permissible for the lessee to lease out what he leased from the lessor, just as it is permissible for anyone else to do so. Abu Hanifah invalidates this lease. The way to ensure its validity is to lease it to a third party other than the lessor, and then have that third party lease it to her. Example fifty-two.
Answer:
There is no basis for that. If it is a matter of kinship, there is no basis for it. If a person leases a piece of land or a house, and then he wants to lease it to the lessor who needs it, there is no harm in that. What is the objection to this? He owns it, then he leases it. The lessor says to him, “I am in need, so let me have the house, or lease it to me, because I am in need.” There is no harm in his leasing it to him or giving it to him.
It is permissible for the lessee to lease out what he leased from the lessor, just as it is permissible for anyone else to do so. Abu Hanifah invalidates this lease. The way to ensure its validity is to lease it to a third party other than the lessor, and then have that third party lease it to her. Example fifty-two.
Answer:
There is no basis for that. If it is a matter of kinship, there is no basis for it. If a person leases a piece of land or a house, and then he wants to lease it to the lessor who needs it, there is no harm in that. What is the objection to this? He owns it, then he leases it. The lessor says to him, “I am in need, so let me have the house, or lease it to me, because I am in need.” There is no harm in his leasing it to him or giving it to him.
Source
قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 100 - الاختلاف بين المؤجّر والمستأجر- فوائد إغاثة اللهفان من مصائد الشيطان — youtube.com
The Arabic text is a machine transcription of the audio recording.
