A man has a rest house and has rented it to people who use it for what Allah the Exalted has forbidden, and he did not stipulate in the contract that they refrain from using it for that. What is the solution?
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The questioner : He says: Noble Shaykh, a man has a rest house and has rented it to people who use it for what Allah the Exalted has forbidden, and he did not stipulate in the contract that they refrain from using it for that. What is the solution? And if he had stipulated it, does the contract become void and does he have the right to evict them? And what about the value of the rent?
The Shaykh : We have spoken about some of this. We said: First, if it is more likely in his opinion, or if he knows with certainty, that these people rented it to disobey Allah in it, then it is not permissible to rent it to them at all. The lease is invalid, it did not take effect, he does not own the rent, and they do not have the right to benefit from this rest house. It is an invalid contract, and an invalid contract, according to the scholars, is one that does not have its effect. However, if he rented it to them while not knowing what they would do, and then he set a specific period for them, and they began to do this thing, meaning they use it to disobey Allah, then the rent remains valid until the end of the period. He does not have the right to evict them, but he must advise them and forbid them from doing what is wrong. The rent he took is lawful for him, because he did not rent it to them to disobey Allah in it, nor did he know about it, nor was it more likely in his opinion. So the matter, therefore, has a detailed ruling: If he knows or it is more likely in his opinion that they will use it to disobey Allah, what is the answer? The contract is invalid, the rent is not his property, and they have no right to benefit from it. He has the right to evict them immediately. Second, if it is not more likely in his opinion that they would do so, and people came and rented it, but then they began to disobey Allah in it, then he must allow them to stay until the end of their period, because a lease contract is a binding contract. But if he stipulated upon them, as in the question, that they not use it for that, and they did use it, then he is obligated to annul the lease, and he is entitled to the rent that accrued before the annulment.
Yes.
The Shaykh : We have spoken about some of this. We said: First, if it is more likely in his opinion, or if he knows with certainty, that these people rented it to disobey Allah in it, then it is not permissible to rent it to them at all. The lease is invalid, it did not take effect, he does not own the rent, and they do not have the right to benefit from this rest house. It is an invalid contract, and an invalid contract, according to the scholars, is one that does not have its effect. However, if he rented it to them while not knowing what they would do, and then he set a specific period for them, and they began to do this thing, meaning they use it to disobey Allah, then the rent remains valid until the end of the period. He does not have the right to evict them, but he must advise them and forbid them from doing what is wrong. The rent he took is lawful for him, because he did not rent it to them to disobey Allah in it, nor did he know about it, nor was it more likely in his opinion. So the matter, therefore, has a detailed ruling: If he knows or it is more likely in his opinion that they will use it to disobey Allah, what is the answer? The contract is invalid, the rent is not his property, and they have no right to benefit from it. He has the right to evict them immediately. Second, if it is not more likely in his opinion that they would do so, and people came and rented it, but then they began to disobey Allah in it, then he must allow them to stay until the end of their period, because a lease contract is a binding contract. But if he stipulated upon them, as in the question, that they not use it for that, and they did use it, then he is obligated to annul the lease, and he is entitled to the rent that accrued before the annulment.
Yes.