Interventions and discussions on the issue of khulu and the Shaykh’s answer to them.
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The questioner : Oh Shaykh, excuse me, Shaykh, please go ahead... It is not permissible for the owner of the new building to take a khulu fee on the grounds that... the shop... but perhaps... the new tenant, he rents this shop and after one or three months he gets... or by... this shop, this new tenant earns a sum of money that may be large, more than what the building owner collected?
The Shaykh : And where were you? I mentioned this in my speech, I mentioned this in my speech just now, is that not so?
The questioner : Excuse me... it is permissible, no, but it is permissible if he agrees... did you understand how?
The Shaykh : No, no, I said, meaning, we have in Syria, why do they justify the khulu fee? Because the first tenant may rent to someone else, he vacates for another and takes a khulu fee more than what he paid, you know how? I mentioned this, but I said there, to ensure the tenant does not exploit the landlord, that we impose on him a pledge, a pledge that I do not deserve, and I do not eat from it, and I do not benefit from a single penny of it, except when he violates the agreed-upon conditions, and he continues to deal with my property as if he is the owner. At that time, I take this pledge in exchange for the harm he caused me, because he imposed the law of the disbeliever on me. As for the khulu fee, there is no basis, no, absolutely not.
The questioner : Shaykh, suppose it is a new building, to avoid the process of khulu, he says he rents it for, say, five hundred dinars, but I will... pay two hundred and fifty... for five years... but he pays me two hundred and fifty monthly... in this case, two hundred and fifty monthly for five years would be... and the rest is two hundred and fifty every month... is that it?
The Shaykh : The rest, which rest?
The questioner : The rent is five hundred dinars monthly.
The Shaykh : Yes.
The questioner : On the basis that the building is new and the shop is five hundred dinars, but in the contract he puts that he pays half the rent, to be paid upon taking possession of the shop for five years, this, and the rest is two hundred and fifty every month.
The Shaykh : Yes, or if you say, meaning, the property owner took from him in advance the rent for two and a half years.
The questioner : Yes, exactly.
The Shaykh : Not all roads lead to the mill.
The questioner : Yes.
The Shaykh : Okay, meaning, for example, we said two years or three, is there a difference in the case regarding the...?
The questioner : No, it is the same thing.
The Shaykh : Why did you assume half? I am afraid there is something behind the veil, something behind it...
The questioner : ... your safety, meaning, it is the whole operation.
The Shaykh : And my safety, my safety and your safety, but this is a scholarly discussion, we need to see, meaning, what is the difference, why did you assume half, meaning?
The questioner : No, Shaykh, here... the man.
The Shaykh : My brother, I do not blame you, and your point, you do not get upset, meaning, this is a discussion, yes, because when you tell me your safety... yes, did you notice... when you assumed half?
The questioner : ... the whole subject, what you imagine, meaning... that on the basis of... khulu... we take money for half of these five years?
The Shaykh : Fine.
The questioner : But in the rent, is it permissible in this case?
The Shaykh : Yes, if we say he took the rent for two and a half years, it is permissible.
The questioner : Yes.
The Shaykh : It is permissible.
The questioner : It is permissible.
The Shaykh : If he took in advance the rent for two and a half or three years.
The questioner : Yes.
The Shaykh : Not the rent for half of five years, because I am afraid of too much going back and forth, and we said this just now to the brother questioner here, you do not remember.
Another questioner: ...
The Shaykh : Yes?
The questioner : It differs.
The Shaykh : No, it does not differ, in what he says, it does not differ.
The questioner : ... he takes five years.
The Shaykh : Yes, exactly.
The questioner : ... .
The Shaykh : No... a form, a form of pledge, but he takes cash for the rent of five years, four years, ten years, as they agree, there is no obstacle, we said this just now.
Another questioner: Also, Shaykh.
The Shaykh : Please proceed.
The questioner : He pays, it exceeds...
The Shaykh : How?
The questioner : In this case, if we say he took in advance the rent for two and a half years or...
The Shaykh : Yes.
The questioner : And also with... he will pay a monthly rent in addition to this amount...
The Shaykh : Who is he?
The questioner : The virtual world that...
The Shaykh : The tenant?
The questioner : Yes, exactly.
The Shaykh : No, he assumed he pays in cash.
The questioner : Yes.
The Shaykh : In cash, the rent for half, meaning, instead of paying within the period of five years' rent, he pays the rent for half of five years, and during all that, he pays half a month's rent.
The questioner : This is not... regarding the question and what is behind the question.
The Shaykh : Yes, but I do not see yet what is behind this.
The questioner : Because, meaning, it may be taken.
Another questioner: Leave the years, they remain, Shaykh, with the numbers, meaning, for example, the rent for the year is ten thousand, five fifty, what is the difference if I come to the shepherd of the...
The Shaykh : The shop.
The questioner : The shop, and he conditions on me that I pay twenty-five thousand in advance and twenty-five thousand for the rest.
The Shaykh : Every month.
The questioner : Every month two hundred and fifty.
The Shaykh : Yes, exactly.
The questioner : This is a case.
The Shaykh : Yes, exactly.
The questioner : Is this permissible?
The Shaykh : I see there is no difference, but he frightened me...
The questioner : ... .
The Shaykh : Abu Khalid brought to me that... he has a remark.
The questioner : No... the issue, if he took in advance, then here it is required that the tenant does not pay monthly rent... for a period... three years.
The Shaykh : Of course, yes.
The questioner : This is one thing.
The Shaykh : Yes, exactly.
The questioner : And if, meaning, he pays part of the money, for example, he pays half the rent, which is less than the actual rent of the property.
The Shaykh : No, it is not less, why?
The questioner : Yes, because...
The Shaykh : This is the form that Abdullah is bringing up.
The questioner : The question that Muhammad asked is clear.
The Shaykh : It is itself.
The questioner : That one rents a building shop, he takes from the shop five years, the year is ten thousand fifty, this, the shepherd of the shop finds it heavy for the tenant to pay fifty thousand at once, he tells him, give me twenty-five thousand and the second twenty-five thousand, install it in monthly installments, fair.
Another questioner: He can tell him, give me twenty-five thousand and you do not pay anything for two and a half years, and after two and a half years you start paying fifty thousand every month, ten thousand every year.
The Shaykh : This is a form and that is a form.
The questioner : ... Shaykh.
The Shaykh : But what is the difference?
The questioner : I have, I have a point, actually.
The Shaykh : Let us see.
The questioner : If he paid monthly rent and paid half, the tenant took half the period agreed upon, it follows that the rent should be half its actual rent, because perhaps this building, the shop in it, its actual rent or known, for example, is two hundred and fifty dinars, so here, meaning, the property owner or the tenant or the landlord borrows or adds, he says, my property is five hundred dinars, and I take from you for three years half the rent in advance, and the half is two hundred and fifty dinars, while the actual rent of the location is two hundred and fifty, not five hundred.
The Shaykh : If...
The questioner : Here, meaning... a type of.
The Shaykh : ... .
The questioner : Present.
The Shaykh : But this, Abu Khalid, if now we assume the form has an explanatory addition, and that I rented you this property for five years
The questioner : Yes.
The Shaykh : with an annual rent of five hundred, and the form he proposed came, does the matter differ for you?
The questioner : No, this does not differ.
The Shaykh : This is it, so the issue has no relation to this form.
The questioner : ... .
Another questioner: In the issue Abu Khalid is discussing, sometimes I am a tenant from one of the buildings before five years, and it became... a new shop, I was renting for fifty, but now things have risen, so the rent became five hundred.
The Shaykh : Yes, exactly.
The questioner : So you find in the same building.
The Shaykh : ... .
The questioner : Yes, and a contract for five hundred, is there anything religiously wrong with this?
The Shaykh : Here I return to why I put the condition for him, because I understood that he is here to throw So if I agree with you that this property's annual rent for ten years is five hundred, if the rent becomes like this rent for five thousand, do you want to keep taking from me, or I take from you five hundred, why? The believers are bound by their conditions, but when the agreed-upon period passes, whether it is ten or five or one year, after that, each of us is free from the other, he cannot impose on him. I, if I am the owner of the property, agreed with you that the annual rent is, say, five hundred, but after the year passes, I am not bound to you, and you are not bound to me, the year ended and the property's annual rent became five thousand instead of five hundred, at that time, a new contract, as if you did not rent from me and I did not rent to you, if you agree to pay me the rent of the equivalent... and good, otherwise, leave the place, despite your nose, considering you are a Muslim and holding to "the believers are bound by their conditions," whereas we agreed on a long-term period and a low rent, but prices rose, it is not for the property owner now, by what justifies him, to impose an increase on the tenant, even a relative one, but from the perspective of noble morals, he tells him, my brother, you see the situation is such and such, if the tenant is pleased with the increase, he increases, otherwise, it is not for the landlord to impose any increase on him.
And the reverse is the same: if we assume that prices drop, even though we have not seen this yet, from the legal standpoint, the property owner is not obligated to return it to him, because they agreed on this.
The questioner : The Shaykh ... likewise.
Another questioner: Shaykh, regarding the purchase of land that has no buildings on it, but is divided and allocated by the state, with services passing through it such as lighting and sewage, etc. Many of us buy this land; our intention may be to invest in the land, build on it, and then sell it, or our intention may also be, if the market is good and the land price rises, to sell the land even if there is no building or cultivation on it. Is this form of sale permissible?
The Shaykh : The matter is so clear that it makes me ask: what is the reason for such a question? Therefore, I fear that there is something there that has not been clarified, otherwise the issue is very, very clear. Is there really something hidden that has not been explained yet? Is there a problem with these sales?
The questioner : We believe, if Allah wills, that it is lawful; we see nothing wrong with it!
The Shaykh : It is exactly so.
The questioner : But with some people as well.
The Shaykh : Yes.
The questioner : Perhaps another aspect of the question is that one might monopolize this land, or wait a long time, perhaps a year or more, until the increase is satisfying, or perhaps he does not need the money now, so he delays?
The Shaykh : You do not want to say "the increase is convincing" but rather "satisfying". Yes, this is not said, my brother. Hoarding? What is trade? Trade is buying an item in the season of low prices to sell it in the season of high prices; otherwise, the merchants would have perished. This is trade. But hoarding applies to essential matters in a person's life and livelihood. In that case, his saying (peace and blessings be upon him)Sunan Ibn Majah 2154Sahih (Darussalam) meaning except a sinner Sunan Ibn Majah 2154Sahih (Darussalam) meaning except a sinner, applies. As for one who buys land and leaves it for years until its prices rise, there is absolutely nothing wrong with that, just like any other matter that is not among the necessities of life. So, the situation... there is no problem, meaning there is no problem, and praise be to Allah.
The questioner : Shaykh, if you could explain to us the meaning of "two sales in one sale," which the Messenger of Allah (peace and blessings be upon him) prohibited.
The Shaykh : If I explain it to you, I fear that Abdullah will be criticized and say, "This is recorded ...?"
Another questioner: ... .
The questioner : Study what is behind it.
The Shaykh : Personally, I have no objection, but ...
The questioner : ... so that we can benefit from the picture.
Another questioner: Maybe we are in ... later.
The Shaykh : And where were you? I mentioned this in my speech, I mentioned this in my speech just now, is that not so?
The questioner : Excuse me... it is permissible, no, but it is permissible if he agrees... did you understand how?
The Shaykh : No, no, I said, meaning, we have in Syria, why do they justify the khulu fee? Because the first tenant may rent to someone else, he vacates for another and takes a khulu fee more than what he paid, you know how? I mentioned this, but I said there, to ensure the tenant does not exploit the landlord, that we impose on him a pledge, a pledge that I do not deserve, and I do not eat from it, and I do not benefit from a single penny of it, except when he violates the agreed-upon conditions, and he continues to deal with my property as if he is the owner. At that time, I take this pledge in exchange for the harm he caused me, because he imposed the law of the disbeliever on me. As for the khulu fee, there is no basis, no, absolutely not.
The questioner : Shaykh, suppose it is a new building, to avoid the process of khulu, he says he rents it for, say, five hundred dinars, but I will... pay two hundred and fifty... for five years... but he pays me two hundred and fifty monthly... in this case, two hundred and fifty monthly for five years would be... and the rest is two hundred and fifty every month... is that it?
The Shaykh : The rest, which rest?
The questioner : The rent is five hundred dinars monthly.
The Shaykh : Yes.
The questioner : On the basis that the building is new and the shop is five hundred dinars, but in the contract he puts that he pays half the rent, to be paid upon taking possession of the shop for five years, this, and the rest is two hundred and fifty every month.
The Shaykh : Yes, or if you say, meaning, the property owner took from him in advance the rent for two and a half years.
The questioner : Yes, exactly.
The Shaykh : Not all roads lead to the mill.
The questioner : Yes.
The Shaykh : Okay, meaning, for example, we said two years or three, is there a difference in the case regarding the...?
The questioner : No, it is the same thing.
The Shaykh : Why did you assume half? I am afraid there is something behind the veil, something behind it...
The questioner : ... your safety, meaning, it is the whole operation.
The Shaykh : And my safety, my safety and your safety, but this is a scholarly discussion, we need to see, meaning, what is the difference, why did you assume half, meaning?
The questioner : No, Shaykh, here... the man.
The Shaykh : My brother, I do not blame you, and your point, you do not get upset, meaning, this is a discussion, yes, because when you tell me your safety... yes, did you notice... when you assumed half?
The questioner : ... the whole subject, what you imagine, meaning... that on the basis of... khulu... we take money for half of these five years?
The Shaykh : Fine.
The questioner : But in the rent, is it permissible in this case?
The Shaykh : Yes, if we say he took the rent for two and a half years, it is permissible.
The questioner : Yes.
The Shaykh : It is permissible.
The questioner : It is permissible.
The Shaykh : If he took in advance the rent for two and a half or three years.
The questioner : Yes.
The Shaykh : Not the rent for half of five years, because I am afraid of too much going back and forth, and we said this just now to the brother questioner here, you do not remember.
Another questioner: ...
The Shaykh : Yes?
The questioner : It differs.
The Shaykh : No, it does not differ, in what he says, it does not differ.
The questioner : ... he takes five years.
The Shaykh : Yes, exactly.
The questioner : ... .
The Shaykh : No... a form, a form of pledge, but he takes cash for the rent of five years, four years, ten years, as they agree, there is no obstacle, we said this just now.
Another questioner: Also, Shaykh.
The Shaykh : Please proceed.
The questioner : He pays, it exceeds...
The Shaykh : How?
The questioner : In this case, if we say he took in advance the rent for two and a half years or...
The Shaykh : Yes.
The questioner : And also with... he will pay a monthly rent in addition to this amount...
The Shaykh : Who is he?
The questioner : The virtual world that...
The Shaykh : The tenant?
The questioner : Yes, exactly.
The Shaykh : No, he assumed he pays in cash.
The questioner : Yes.
The Shaykh : In cash, the rent for half, meaning, instead of paying within the period of five years' rent, he pays the rent for half of five years, and during all that, he pays half a month's rent.
The questioner : This is not... regarding the question and what is behind the question.
The Shaykh : Yes, but I do not see yet what is behind this.
The questioner : Because, meaning, it may be taken.
Another questioner: Leave the years, they remain, Shaykh, with the numbers, meaning, for example, the rent for the year is ten thousand, five fifty, what is the difference if I come to the shepherd of the...
The Shaykh : The shop.
The questioner : The shop, and he conditions on me that I pay twenty-five thousand in advance and twenty-five thousand for the rest.
The Shaykh : Every month.
The questioner : Every month two hundred and fifty.
The Shaykh : Yes, exactly.
The questioner : This is a case.
The Shaykh : Yes, exactly.
The questioner : Is this permissible?
The Shaykh : I see there is no difference, but he frightened me...
The questioner : ... .
The Shaykh : Abu Khalid brought to me that... he has a remark.
The questioner : No... the issue, if he took in advance, then here it is required that the tenant does not pay monthly rent... for a period... three years.
The Shaykh : Of course, yes.
The questioner : This is one thing.
The Shaykh : Yes, exactly.
The questioner : And if, meaning, he pays part of the money, for example, he pays half the rent, which is less than the actual rent of the property.
The Shaykh : No, it is not less, why?
The questioner : Yes, because...
The Shaykh : This is the form that Abdullah is bringing up.
The questioner : The question that Muhammad asked is clear.
The Shaykh : It is itself.
The questioner : That one rents a building shop, he takes from the shop five years, the year is ten thousand fifty, this, the shepherd of the shop finds it heavy for the tenant to pay fifty thousand at once, he tells him, give me twenty-five thousand and the second twenty-five thousand, install it in monthly installments, fair.
Another questioner: He can tell him, give me twenty-five thousand and you do not pay anything for two and a half years, and after two and a half years you start paying fifty thousand every month, ten thousand every year.
The Shaykh : This is a form and that is a form.
The questioner : ... Shaykh.
The Shaykh : But what is the difference?
The questioner : I have, I have a point, actually.
The Shaykh : Let us see.
The questioner : If he paid monthly rent and paid half, the tenant took half the period agreed upon, it follows that the rent should be half its actual rent, because perhaps this building, the shop in it, its actual rent or known, for example, is two hundred and fifty dinars, so here, meaning, the property owner or the tenant or the landlord borrows or adds, he says, my property is five hundred dinars, and I take from you for three years half the rent in advance, and the half is two hundred and fifty dinars, while the actual rent of the location is two hundred and fifty, not five hundred.
The Shaykh : If...
The questioner : Here, meaning... a type of.
The Shaykh : ... .
The questioner : Present.
The Shaykh : But this, Abu Khalid, if now we assume the form has an explanatory addition, and that I rented you this property for five years
The questioner : Yes.
The Shaykh : with an annual rent of five hundred, and the form he proposed came, does the matter differ for you?
The questioner : No, this does not differ.
The Shaykh : This is it, so the issue has no relation to this form.
The questioner : ... .
Another questioner: In the issue Abu Khalid is discussing, sometimes I am a tenant from one of the buildings before five years, and it became... a new shop, I was renting for fifty, but now things have risen, so the rent became five hundred.
The Shaykh : Yes, exactly.
The questioner : So you find in the same building.
The Shaykh : ... .
The questioner : Yes, and a contract for five hundred, is there anything religiously wrong with this?
The Shaykh : Here I return to why I put the condition for him, because I understood that he is here to throw
The believers are bound by their conditions.
المؤمنون عند شروطهمAnd the reverse is the same: if we assume that prices drop, even though we have not seen this yet, from the legal standpoint, the property owner is not obligated to return it to him, because they agreed on this.
The questioner : The Shaykh ... likewise.
Another questioner: Shaykh, regarding the purchase of land that has no buildings on it, but is divided and allocated by the state, with services passing through it such as lighting and sewage, etc. Many of us buy this land; our intention may be to invest in the land, build on it, and then sell it, or our intention may also be, if the market is good and the land price rises, to sell the land even if there is no building or cultivation on it. Is this form of sale permissible?
The Shaykh : The matter is so clear that it makes me ask: what is the reason for such a question? Therefore, I fear that there is something there that has not been clarified, otherwise the issue is very, very clear. Is there really something hidden that has not been explained yet? Is there a problem with these sales?
The questioner : We believe, if Allah wills, that it is lawful; we see nothing wrong with it!
The Shaykh : It is exactly so.
The questioner : But with some people as well.
The Shaykh : Yes.
The questioner : Perhaps another aspect of the question is that one might monopolize this land, or wait a long time, perhaps a year or more, until the increase is satisfying, or perhaps he does not need the money now, so he delays?
The Shaykh : You do not want to say "the increase is convincing" but rather "satisfying". Yes, this is not said, my brother. Hoarding? What is trade? Trade is buying an item in the season of low prices to sell it in the season of high prices; otherwise, the merchants would have perished. This is trade. But hoarding applies to essential matters in a person's life and livelihood. In that case, his saying (peace and blessings be upon him)
No one hoards but a sinner.
لا يحتكر إلا خاطئNo one hoards but a sinner.
لا يحتكر إلا خاطئNo one monopolizes except a sinner, meaning except a sinner.
لا يحتكر إلا خاطئ أي إلا مذنبThe questioner : Shaykh, if you could explain to us the meaning of "two sales in one sale," which the Messenger of Allah (peace and blessings be upon him) prohibited.
The Shaykh : If I explain it to you, I fear that Abdullah will be criticized and say, "This is recorded ...?"
Another questioner: ... .
The questioner : Study what is behind it.
The Shaykh : Personally, I have no objection, but ...
The questioner : ... so that we can benefit from the picture.
Another questioner: Maybe we are in ... later.