Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

A man rented out a shop for the establishment of a banking institution and died; how do the heirs handle the lease if they are unable to get rid of the bank?

Machine translationRead the Arabic original
The questioner : Another question: A man rented out a shop to an interest-based institution so that it could establish a bank in that shop. The bank was established, and then the man died. The heirs are now unable to remove the bank from that location; what should they do with the rent?

The Shaykh : If they truly cannot remove the users of that place, which is an interest-based bank, and if they are in need of the rent for that place, then it is permissible for them to take it. This is because they inherited this place from the deceased and were not responsible for this lease. Just as it is permissible for them to inherit the wealth he left for them, because it transferred to them through a lawful means, namely inheritance, so too this place transferred to their ownership through the same means. Therefore, it is lawful for them, and it is forbidden for them. However, what is currently generated from this wealth: if they are able to get rid of it, that is their obligation. Otherwise,
Allah does not charge a soul except [with that within] its capacity لَا يُكَلِّفُ اللَّهُ نَفْسًا إِلَّا وُسْعَهَا
[Al-Baqarah 2:286]
, except that the condition I mentioned is necessary. If Allah (Mighty and Majestic) has made them wealthy with money coming to them through a lawful means, then this money, which is the rent for the place that was made into a bank, must be spent—in this situation—on public utilities. But if they are in need of it, it is lawful for them. This is what appears to me, and Allah knows best.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas