Is it permissible for the tenant or the owner to take the khulu' (vacancy fee) for a shop or a place that was originally empty and not occupied?!
Machine translationRead the Arabic original
The Shaykh: Yes.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah.
The questioner : And by Allah, Shaykh, please bear with us a little. We want to convey the picture to you. What exactly are you saying to us regarding the khulu'? We are renting out a place. We wanted to vacate this place, so we paid a khulu' to the person who was occupying it. Thus, the place became empty, and we are its owner. So, when a party comes to rent this place, we ask for the khulu' that we paid to the previous one, along with the rent. This picture that you conveyed is not permissible. And we paid a khulu' to the one who was occupying it first. So, is it permissible for us to ask for this in this situation?
The Shaykh : My brother, may Allah guide you.
The questioner: Amen.
The Shaykh : What is the benefit of repeating the topic?! It appears that you have not grasped the matter. May Allah guide you. So I am asking you now: the vacancy fee that you paid.
The questioner: Yes.
The Shaykh : Did you pay it rightfully or wrongfully?
The questioner : You are saying: It is permissible.
The Shaykh : I told you: Is it permissible?!
The questioner : If the place was occupied and the khulu' was for vacating this place.
The Shaykh : When you paid the khulu'!
The questioner: Yes.
The Shaykh : Was the place occupied?
The questioner : Occupied, yes.
The Shaykh : Okay, and now.
The questioner : It has become empty, and I am its owner and its possessor.
The Shaykh : I understand. So in exchange for what do you take the vacancy fee now?
The questioner : In exchange for what I previously paid to someone who vacated the place.
The Shaykh : My brother, what you paid was to vacate the place that was occupied!
The questioner: Yes.
The Shaykh : But now the place is empty!
The questioner: Yes.
The Shaykh : So by what right do you take it?
The questioner : He is not taking it rightfully now. It is not right for me to demand a khulu' from a man, a khulu' with rent, as I said: May Allah reward you with good.
The Shaykh : And therefore I am telling you: My brother, either you understood or you did not. If you understood, you have changed your previous position. The previous position was that the vacancy fee, as you say, was in exchange for removing a beneficiary from the rented place. So you paid a vacancy fee to remove him.
The questioner: Yes.
The Shaykh : Now there is no removal. Now the place is empty. Have you not yet seen the difference?
The questioner : I have seen the difference, but as for the owner of the property, how will I be compensated for the amount regarding the khulu' that I paid to the one who was occupying it?!
The Shaykh: There is no power nor strength except with Allah.
The questioner : There is no power or strength except with Allah. May Allah reward you with good. Please bear with us a little, Shaykh.
The Shaykh : And for you, my brother, what do I have to bear? I want to finish, meaning I repeat to you!!
The questioner : Meaning, is it permissible for me to increase, for example, a double rent instead of the khulu', or say that I paid a khulu' to a previous person who was...
The Shaykh : No, it is not permissible to deceive Allah. It is not permissible. May Allah guide you. Ask for the rent of the equivalent and the matter is finished. And write a commitment that it is for one year, two years, according to the agreement.
The questioner: Yes.
The Shaykh : And after that, if you want the place, he will vacate it for you without any compensation, just as you did not take anything from him, he will vacate the place for you without compensation,, but today people's transactions are not according to the Shari'ah, and therefore they fall into problems.
The questioner : Okay, if, for example, a government party or a party from the state demolishes this place, is it permissible for the tenant to take this khulu' from the amount the government pays, or does the matter belong to the owner?
The Shaykh : It belongs to the owner. To the owner.
The questioner : Meaning, the tenant, because he will vacate the place, is it permissible for him to take from this compensation that the government pays to the owner?
The Shaykh : Is he a tenant forever?
The questioner: No.
The Shaykh : Yes, did we not tell you? He is a tenant for one year, two years, three, five, according to the agreement. As for the continuous right, it belongs to the owner.
The questioner : It is important today, Shaykh, that they do not agree to vacate the place unless they pay this khulu'.
The Shaykh : My brother, may Allah guide you. Peace be upon you.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah.
The questioner : And by Allah, Shaykh, please bear with us a little. We want to convey the picture to you. What exactly are you saying to us regarding the khulu'? We are renting out a place. We wanted to vacate this place, so we paid a khulu' to the person who was occupying it. Thus, the place became empty, and we are its owner. So, when a party comes to rent this place, we ask for the khulu' that we paid to the previous one, along with the rent. This picture that you conveyed is not permissible. And we paid a khulu' to the one who was occupying it first. So, is it permissible for us to ask for this in this situation?
The Shaykh : My brother, may Allah guide you.
The questioner: Amen.
The Shaykh : What is the benefit of repeating the topic?! It appears that you have not grasped the matter. May Allah guide you. So I am asking you now: the vacancy fee that you paid.
The questioner: Yes.
The Shaykh : Did you pay it rightfully or wrongfully?
The questioner : You are saying: It is permissible.
The Shaykh : I told you: Is it permissible?!
The questioner : If the place was occupied and the khulu' was for vacating this place.
The Shaykh : When you paid the khulu'!
The questioner: Yes.
The Shaykh : Was the place occupied?
The questioner : Occupied, yes.
The Shaykh : Okay, and now.
The questioner : It has become empty, and I am its owner and its possessor.
The Shaykh : I understand. So in exchange for what do you take the vacancy fee now?
The questioner : In exchange for what I previously paid to someone who vacated the place.
The Shaykh : My brother, what you paid was to vacate the place that was occupied!
The questioner: Yes.
The Shaykh : But now the place is empty!
The questioner: Yes.
The Shaykh : So by what right do you take it?
The questioner : He is not taking it rightfully now. It is not right for me to demand a khulu' from a man, a khulu' with rent, as I said: May Allah reward you with good.
The Shaykh : And therefore I am telling you: My brother, either you understood or you did not. If you understood, you have changed your previous position. The previous position was that the vacancy fee, as you say, was in exchange for removing a beneficiary from the rented place. So you paid a vacancy fee to remove him.
The questioner: Yes.
The Shaykh : Now there is no removal. Now the place is empty. Have you not yet seen the difference?
The questioner : I have seen the difference, but as for the owner of the property, how will I be compensated for the amount regarding the khulu' that I paid to the one who was occupying it?!
The Shaykh: There is no power nor strength except with Allah.
The questioner : There is no power or strength except with Allah. May Allah reward you with good. Please bear with us a little, Shaykh.
The Shaykh : And for you, my brother, what do I have to bear? I want to finish, meaning I repeat to you!!
The questioner : Meaning, is it permissible for me to increase, for example, a double rent instead of the khulu', or say that I paid a khulu' to a previous person who was...
The Shaykh : No, it is not permissible to deceive Allah. It is not permissible. May Allah guide you. Ask for the rent of the equivalent and the matter is finished. And write a commitment that it is for one year, two years, according to the agreement.
The questioner: Yes.
The Shaykh : And after that, if you want the place, he will vacate it for you without any compensation, just as you did not take anything from him, he will vacate the place for you without compensation,
And the believers are bound by their conditions
والمؤمنون عند شروطهمThe questioner : Okay, if, for example, a government party or a party from the state demolishes this place, is it permissible for the tenant to take this khulu' from the amount the government pays, or does the matter belong to the owner?
The Shaykh : It belongs to the owner. To the owner.
The questioner : Meaning, the tenant, because he will vacate the place, is it permissible for him to take from this compensation that the government pays to the owner?
The Shaykh : Is he a tenant forever?
The questioner: No.
The Shaykh : Yes, did we not tell you? He is a tenant for one year, two years, three, five, according to the agreement. As for the continuous right, it belongs to the owner.
The questioner : It is important today, Shaykh, that they do not agree to vacate the place unless they pay this khulu'.
The Shaykh : My brother, may Allah guide you. Peace be upon you.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.