What is the ruling on selling the benefit known as (Khalw)?
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The questioner : What is the ruling on selling the benefit?
The Shaykh : Selling the benefit? Give an example?
The questioner : I am a resident in a house...
The Shaykh : The Khalw that they call it among us.
The questioner : Yes, I am now clarifying the question for you, because there are people who do not know the word Khalw.
The Shaykh: Go ahead.
The questioner : Okay, I live in a house, and this house belongs to the government or to some person.
The Shaykh: Yes.
The questioner : So I want to leave it and sell the benefit to a person for a sum of money, so he enters and remains to benefit from this house, but it does not become his property; rather, he continues to pay the rent to the owner. What is the ruling on this action?
The Shaykh : We distinguish in the matter of Khalw as follows: You are in your house, and a person comes and offers you to vacate your house for him, because he needs it, and you at the same time need it. So you discuss and agree on something, then he gives you what you agreed upon, and you vacate the house for him. This is permissible in exchange for the fact that you benefited him with something you were benefiting from. As for what is not permissible, it is what happens in many countries: the person benefiting from the place and using it has already had his fill of it, so he wants to move to another place, either owned or rented. He announces that this place he was using is available for handover, and perhaps he has already left and put up a sign. Then a person or customer comes and agrees with him on something. This agreement is not permissible because it falls under the category of consuming people's wealth unjustly. That place is empty, so if he rents it from the owner, whether the owner is the one who was living in it or someone else, the rent is what entitles him to benefit from that place. So what about this money that is given in addition to the rent? This is from the category of consuming people's wealth unjustly, which is prohibited in the Noble Qur'an. This is the distinction by which we hold ourselves accountable to Allah.
The questioner : May Allah bless you.
The Shaykh : May Allah bless you.
The Shaykh : Selling the benefit? Give an example?
The questioner : I am a resident in a house...
The Shaykh : The Khalw that they call it among us.
The questioner : Yes, I am now clarifying the question for you, because there are people who do not know the word Khalw.
The Shaykh: Go ahead.
The questioner : Okay, I live in a house, and this house belongs to the government or to some person.
The Shaykh: Yes.
The questioner : So I want to leave it and sell the benefit to a person for a sum of money, so he enters and remains to benefit from this house, but it does not become his property; rather, he continues to pay the rent to the owner. What is the ruling on this action?
The Shaykh : We distinguish in the matter of Khalw as follows: You are in your house, and a person comes and offers you to vacate your house for him, because he needs it, and you at the same time need it. So you discuss and agree on something, then he gives you what you agreed upon, and you vacate the house for him. This is permissible in exchange for the fact that you benefited him with something you were benefiting from. As for what is not permissible, it is what happens in many countries: the person benefiting from the place and using it has already had his fill of it, so he wants to move to another place, either owned or rented. He announces that this place he was using is available for handover, and perhaps he has already left and put up a sign. Then a person or customer comes and agrees with him on something. This agreement is not permissible because it falls under the category of consuming people's wealth unjustly. That place is empty, so if he rents it from the owner, whether the owner is the one who was living in it or someone else, the rent is what entitles him to benefit from that place. So what about this money that is given in addition to the rent? This is from the category of consuming people's wealth unjustly, which is prohibited in the Noble Qur'an. This is the distinction by which we hold ourselves accountable to Allah.
The questioner : May Allah bless you.
The Shaykh : May Allah bless you.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.