What is the ruling on tenants taking amounts from the owner of a building in exchange for vacating the apartments in his building?
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The questioner : In the question, suppose the owner of a building owns a building with apartments and wants to evict the tenants. He comes to the tenant and pays him an amount... eight thousand or ten thousand dinars so that he will leave. Is it permissible for the owner of the apartment to take this money... his building, meaning he wants to renovate it or wants to build another project on it? Is that permissible?
The Shaykh : Do you mean, is it permissible for the tenant to take this?
The questioner: Yes.
The Shaykh : This varies depending on the agreement in place between the lessor and the lessee. And I believe, from my personal experience, that most of the problems and violations of the Shari'ah arise because the transaction was not established upon the Shari'ah from the beginning. So here, for example, is there a prior agreement between the lessor and the lessee as to when the period of the lease and tenancy ends? There is none.
The questioner : ... .
Another questioner : The state law, the state law says that the tenant cannot be evicted.
The Shaykh : Let us leave the state law aside for now, because the state contradicts the Shari'ah in dozens of aspects. But we are now speaking about the Shari'ah. Does the state law prevent the property owner from agreeing with the tenant, saying, "My brother, I am renting you the property for five years, and the annual rent is such and such, and when the five years are up, each of us has the choice either to renew or to part ways"? Does it prevent you? No, this law does not prevent you. But I know that this agreement is, according to the ruler's law, ink on paper, right or not?
The questioner: Yes.
The Shaykh : But that does not prevent us from proceeding according to the Shari'ah, especially for me, because leasing and tenancy are a matter of mutual interaction, meaning there are two parties, not one. One of them is religious and does not care about the law, even if the law is in his favor and the Shari'ah is not in his favor; he implements the Shari'ah for his benefit and does not care about his legal interest. So, for example, if you are the lessor or the lessee, when you agree with the other party on Islamic, Shari'ah-compliant conditions, you strive to implement these conditions. If the other party helps you in that, praise be to Allah. If he violates them, then the case proceeds either by referring the dispute to the legal judgment or by reconciliation between the two parties. So I want to say, by way of this introduction: If you are the property owner and you rented it to me for five years, and the five years ended, and you found it difficult to evict me, and the law is on my side, you cannot evict me from your house, which I am renting, until you satisfy me and satiate my greed and avarice. So what I take from you in this situation is usurped wealth. Now, reverse the situation: if I came to you during the five-year period we agreed upon, in which I have the right to remain in this house, and I said to you, "My brother, a matter has arisen for me, and I need this house in which you are living, so please vacate it," you would say to me, "My right is to remain for five years according to our agreement." Then you would secure another house for me, for example, or satisfy me with some money. We might agree on this. If you agreed with him, for example, in this hypothetical situation on something, this is as he (peace and blessings be upon him) said: So the issue has very different consequences between when the contract is established upon the Shari'ah and when it is established upon something other than the Shari'ah. Now you are saying: No, there is no agreement between me and the man that he should be evicted after one year or five years. So he will remain, if Allah wills, until he dies, and perhaps his son will inherit it, and the house will become as if it is his property, not yours. This is how it is in our countries, unfortunately. The cause is forgetting the Shari'ah because of the ruling of the law. But if this is permissible for some people, it should not be permissible for others. And if it is hidden from some people, it should not be hidden from the special people, who are the Salafis that we claim to be. Therefore, we must conduct our transactions according to the Shari'ah.
The student: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah and His blessings. If we proceed according to the Shari'ah, and the opponent is not satisfied to proceed according to the Shari'ah, and will not leave except by giving him money that he is not entitled to, then in this case, according to the Shari'ah, you are naturally excused, and even rewarded for this injustice that is inflicted upon you by the tenant, because he has made it difficult regarding your property and will not leave it except for this money which he consumes as usurped wealth. Did I give you the answer to the question?
The Shaykh : Do you mean, is it permissible for the tenant to take this?
The questioner: Yes.
The Shaykh : This varies depending on the agreement in place between the lessor and the lessee. And I believe, from my personal experience, that most of the problems and violations of the Shari'ah arise because the transaction was not established upon the Shari'ah from the beginning. So here, for example, is there a prior agreement between the lessor and the lessee as to when the period of the lease and tenancy ends? There is none.
The questioner : ... .
Another questioner : The state law, the state law says that the tenant cannot be evicted.
The Shaykh : Let us leave the state law aside for now, because the state contradicts the Shari'ah in dozens of aspects. But we are now speaking about the Shari'ah. Does the state law prevent the property owner from agreeing with the tenant, saying, "My brother, I am renting you the property for five years, and the annual rent is such and such, and when the five years are up, each of us has the choice either to renew or to part ways"? Does it prevent you? No, this law does not prevent you. But I know that this agreement is, according to the ruler's law, ink on paper, right or not?
The questioner: Yes.
The Shaykh : But that does not prevent us from proceeding according to the Shari'ah, especially for me, because leasing and tenancy are a matter of mutual interaction, meaning there are two parties, not one. One of them is religious and does not care about the law, even if the law is in his favor and the Shari'ah is not in his favor; he implements the Shari'ah for his benefit and does not care about his legal interest. So, for example, if you are the lessor or the lessee, when you agree with the other party on Islamic, Shari'ah-compliant conditions, you strive to implement these conditions. If the other party helps you in that, praise be to Allah. If he violates them, then the case proceeds either by referring the dispute to the legal judgment or by reconciliation between the two parties. So I want to say, by way of this introduction: If you are the property owner and you rented it to me for five years, and the five years ended, and you found it difficult to evict me, and the law is on my side, you cannot evict me from your house, which I am renting, until you satisfy me and satiate my greed and avarice. So what I take from you in this situation is usurped wealth. Now, reverse the situation: if I came to you during the five-year period we agreed upon, in which I have the right to remain in this house, and I said to you, "My brother, a matter has arisen for me, and I need this house in which you are living, so please vacate it," you would say to me, "My right is to remain for five years according to our agreement." Then you would secure another house for me, for example, or satisfy me with some money. We might agree on this. If you agreed with him, for example, in this hypothetical situation on something, this is as he (peace and blessings be upon him) said:
The believers are bound by their conditions.
المؤمنون عند شروطهمThe student: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah and His blessings. If we proceed according to the Shari'ah, and the opponent is not satisfied to proceed according to the Shari'ah, and will not leave except by giving him money that he is not entitled to, then in this case, according to the Shari'ah, you are naturally excused, and even rewarded for this injustice that is inflicted upon you by the tenant, because he has made it difficult regarding your property and will not leave it except for this money which he consumes as usurped wealth. Did I give you the answer to the question?
Source
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The Arabic text is copied verbatim from the original source, without any edits.