The Rights of the Tenant
Machine translationRead the Arabic original
Question: My father rented a piece of land to farm it. After twenty years had passed, the owners asked the tenant to buy the land, but he was unable to purchase it. So the owners sold it to someone else for a price equal to half of its value at that time, because it was rented out. The buyer took it on the condition that he would have half of it. Is it permissible for the tenant to take this half, or to take a *khalu rajul* (buyout of the lease); and leave it? Please inform us, may Allah reward you.
Answer: The tenant has no entitlement to this land other than the duration of the lease, so he has a right in that. If he wishes, he may continue to exhaust it and benefit from the land until the lease period ends. If he wishes, he may relinquish it in exchange for a compensation agreed upon with the other party. So the tenant has only the remaining duration for which he rented the land. If he wishes, he may complete it himself or through his representative. If he wishes, he may settle with the landowner, or the buyer of the land, and compensate them for it and relinquish the remaining duration. As for becoming a partner with the landowner by virtue of the lease, this is not sound.
Question: And what about the possibility of him taking a *khalu rajul* as he calls it?
Answer: Meaning the compensation for the remaining duration, there is no harm in that, because the right is his in that. So if they settle on compensating for the remaining duration and he vacates the land for the buyer, there is no harm in that, because the right belongs to them.
Answer: The tenant has no entitlement to this land other than the duration of the lease, so he has a right in that. If he wishes, he may continue to exhaust it and benefit from the land until the lease period ends. If he wishes, he may relinquish it in exchange for a compensation agreed upon with the other party. So the tenant has only the remaining duration for which he rented the land. If he wishes, he may complete it himself or through his representative. If he wishes, he may settle with the landowner, or the buyer of the land, and compensate them for it and relinquish the remaining duration. As for becoming a partner with the landowner by virtue of the lease, this is not sound.
Question: And what about the possibility of him taking a *khalu rajul* as he calls it?
Answer: Meaning the compensation for the remaining duration, there is no harm in that, because the right is his in that. So if they settle on compensating for the remaining duration and he vacates the land for the buyer, there is no harm in that, because the right belongs to them.