The Ruling on Furnishing Shops and Renting Them Out
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There is a transaction that has spread among many people called: Regarding the furnishing of shops;And its form is: A man comes to the owner of a shop, for example a spare parts shop or something similar,He says to him: and says, "I will take the shop from you for three years, and I will give you (10.
000) riyals every month, and after three years I will return the shop to you with the goods I received from you in full. What is the ruling on this transaction?"May Allah reward you! The Shaykh: If he takes the shop, does a sale take place?The questioner: No.
No sale contract takes place.Rather, its form is that he comes to him and says to him: I take the shop from you for three years, and I give you (10.
000) riyals, or (8000) riyals, according to what they agree upon, and naturally this does not exceed the agreed amount from the income of this shop, and after the three years I return the shop to you as it was, with the goods in it,And its form appears on the surface to be a form of trade! The Shaykh: Who do the items in the shop belong to?The questioner: which belong to the original owner, as evidenced by the fact that he will return them to him after three full years!
This is a contract that is not valid—in reality—Unless he said: so appraise the goods currently present, and they become the property of the second party, and he gives him (10.
000) as rent for the shop, and the items in it belong to the final lessee, not the first, as his property, he benefits from them, and he bears their loss, so there is no harm in this.
As for what you mentioned, it is not permissible; because it is clear gharar (excessive uncertainty); it does not apply to partnerships, nor to leases, nor to sales.
So we see that it is not permissible, and that it is obligatory for the general public, if such new transactions occur, to present them to the scholars before entering into them, and transactions are part of the religion, and are not subject to custom or what people deal with,So if it were so, we would say: as if banks are halal, and gambling is halal, and all the transactions that people are accustomed to abroad or at home are halal, even though transactions are undoubtedly part of the religion, so if a person eats haram, it is likely that his supplication will not be answered, may Allah protect us.
000) riyals every month, and after three years I will return the shop to you with the goods I received from you in full. What is the ruling on this transaction?"May Allah reward you! The Shaykh: If he takes the shop, does a sale take place?The questioner: No.
No sale contract takes place.Rather, its form is that he comes to him and says to him: I take the shop from you for three years, and I give you (10.
000) riyals, or (8000) riyals, according to what they agree upon, and naturally this does not exceed the agreed amount from the income of this shop, and after the three years I return the shop to you as it was, with the goods in it,And its form appears on the surface to be a form of trade! The Shaykh: Who do the items in the shop belong to?The questioner: which belong to the original owner, as evidenced by the fact that he will return them to him after three full years!
This is a contract that is not valid—in reality—Unless he said: so appraise the goods currently present, and they become the property of the second party, and he gives him (10.
000) as rent for the shop, and the items in it belong to the final lessee, not the first, as his property, he benefits from them, and he bears their loss, so there is no harm in this.
As for what you mentioned, it is not permissible; because it is clear gharar (excessive uncertainty); it does not apply to partnerships, nor to leases, nor to sales.
So we see that it is not permissible, and that it is obligatory for the general public, if such new transactions occur, to present them to the scholars before entering into them, and transactions are part of the religion, and are not subject to custom or what people deal with,So if it were so, we would say: as if banks are halal, and gambling is halal, and all the transactions that people are accustomed to abroad or at home are halal, even though transactions are undoubtedly part of the religion, so if a person eats haram, it is likely that his supplication will not be answered, may Allah protect us.