Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

A question regarding the sale of a leased property by the lessee, and whether the lessor has the right to file a lawsuit against him?

Machine translationRead the Arabic original
The questioner : Well, this question from the professor has no relation to the topic. This is a question of trust that one of the brothers, a visitor to the mosque, entrusted to me. He said, "Ask the professor: A man gave another man forty plastic houses. I want to tell you the story exactly so that you do not forget it, O Shaykh. May Allah reward you with good, because the man told me to ask the Shaykh. The plastic house is worth one thousand dinars. This brother, may Allah forgive him, rented them for three years. He took them on lease to farm in them, but he sold the plastic houses. After the three years, where are the houses? There are no houses. So he will own a house, a unit, and land in the Ghor. Here he says, 'If I file a lawsuit against him, of course there is a contract and checks and so on, they will take this piece of land and mortgage the house and the car. Forty thousand dinars, these are, of course, all his possessions. They will not cover the forty thousand dinars. He will be left homeless with his wife and children, and his house will be ruined. But how do I get my right?' He says, 'Ask for me.'"The Shaykh : Is it permissible for me to do this with this money, or how should I deal with him so that I get my right?

The Shaykh : What does this one who sold them do for a living?

The questioner : The one who sold them is a land trader; he works in land.

The Shaykh : In land.

The questioner : Yes.

The Shaykh : Yes. If he files a lawsuit against him, and it is a right and there is no injustice in it,

The questioner : ... their money is a right ... .

The Shaykh : No harm, my brother, I am answering you.

The questioner: Go ahead.

The Shaykh : If he files a lawsuit against him and there is no, meaning, no excess added to the lawsuit, then it is permissible for him to do so until he reaches his right. And that man will manage his own affairs, since he has no shelter, he has no such thing, he will manage his own affairs. This is in terms of what? The permissibility in terms of the fatwa. In terms of taqwa, the door of taqwa is wide; it has no limits. For example, if he wishes to forgive him for the whole amount, if he wishes to forgive him for half, if he wishes to forgive him for a quarter, and so on, this has no limits.

The questioner : He wants the first fatwa.

The Shaykh : May Allah guide you. I did both things.

The questioner : May Allah bless you.

The Shaykh : You asked about something, and I answered you about it, and about something else. May Allah reward you with good.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas