What is the ruling on the tenant taking the khulu' from the landlord?
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The student : Regarding the matter of taking the khulu', especially what has become widespread in Egypt, where a person sits in a house and says, "I will not leave this house until you pay me five thousand or two thousand or such a sum for the khulu'." Is it permissible to take the khulu' from the owner of the house who pays him rent, in order to vacate the house for him?
The Shaykh : No, meaning he is a tenant and he is demanding the khulu' from the landlord.
The student: Yes.
The Shaykh : No, it is not permissible; but the problem here is that renting and leasing are not carried out in a Sharia-compliant manner. When they contract today, they do not specify a term, such as one year or five years. And the unjust law, which is contrary to the Sharia, supports the tenant by making him like the owner. Therefore, he controls the tenant and says, "I will not vacate the house for you unless you satisfy me with money."
The student : Is this forbidden?
The Shaykh : This is not permissible, of course.
Al-Huwaini: Well, he wants to move to a larger place, but he will pay several times what this man will receive. Is it possible to ask for it as a form of assistance rather than control?
The Shaykh : In an agreement, anything is possible; in an agreement, anything is possible. But to consider it, as is the assumption today, to be the right of the tenant, this is not permissible. Yes.
Abu Layla : Regarding the zakat of doctors, is the zakat on the money or on the debt...
The Shaykh : You have another topic, Abu Ahmad.
Al-Huwaini laughs
Al-Huwaini: And he says, "May Allah reward you with good."
The Shaykh : No, meaning he is a tenant and he is demanding the khulu' from the landlord.
The student: Yes.
The Shaykh : No, it is not permissible; but the problem here is that renting and leasing are not carried out in a Sharia-compliant manner. When they contract today, they do not specify a term, such as one year or five years. And the unjust law, which is contrary to the Sharia, supports the tenant by making him like the owner. Therefore, he controls the tenant and says, "I will not vacate the house for you unless you satisfy me with money."
The student : Is this forbidden?
The Shaykh : This is not permissible, of course.
Al-Huwaini: Well, he wants to move to a larger place, but he will pay several times what this man will receive. Is it possible to ask for it as a form of assistance rather than control?
The Shaykh : In an agreement, anything is possible; in an agreement, anything is possible. But to consider it, as is the assumption today, to be the right of the tenant, this is not permissible. Yes.
Abu Layla : Regarding the zakat of doctors, is the zakat on the money or on the debt...
The Shaykh : You have another topic, Abu Ahmad.
Al-Huwaini laughs
Al-Huwaini: And he says, "May Allah reward you with good."
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
