What is the ruling on guaranteeing a shop or a car for a fixed daily or monthly amount?

The questioner : What is the ruling on guaranteeing a shop or a car for a fixed daily or monthly amount?

The Shaykh : What is meant by this guarantee? What is the intention behind this guarantee, meaning that it is not subject to a shock from an ignorant person, an aggressor, or theft, for example?
Abu Layla : ... .

The questioner : No, the guarantee means he guarantees it.

The Shaykh : Please, leave it. Let him answer. What is meant by the guarantee you are talking about? Is it the well-known insurance of today, or something else? If so, what is meant by the guarantee?

Another questioner : ... .

The Shaykh : Yes?

Another questioner : Perhaps I can clarify...?

The Shaykh : No, I do not understand from it. He is the one directing the question.

Another questioner : A person tasked with it is asking the question.

The Shaykh : So are you not the one who asked the question?

The questioner : No, I am tasked with it.

The Shaykh : Well, if that is the case, bring it so we can see.

Another questioner : Sir, there are people who rent out taxi cars. They give the car to the driver and ask him for ten dinars a day. He is not responsible for what the amount turns out to be; it might come out to ten dinars, it might come out to fifteen. He wants a fixed ten dinars. And the driver might crash the car, so the car breaks down in the garage. The car owner wants the ten dinars whether the car is working or broken. He wants ten dinars daily.

The Shaykh : Okay, and if the car breaks down, who repairs it?

Another questioner : That is a separate agreement. It says the repair of the car is different, but the downtime of the car is borne by the driver, not the car owner.

The Shaykh : I am asking you. How is it a separate agreement?

Another questioner : There are people, meaning, the repair of the car: the car owners share it according to the damage. If there is damage from wear and tear, who bears it? The car owner. If there is damage from the driver, who bears it? The driver.

The Shaykh : So if he causes a crash, the driver bears it.

Another questioner : Yes, the car owner does not bear it.

The Shaykh : For example, if the engine breaks?

Another questioner : If the engine breaks, the car owner bears it.

The Shaykh : So from now on, we can say that the driver rented the car from its owner for a fee.

Another questioner : Approximately.

The Shaykh : No, we need precision. How is it "approximately"? Because you need to know what is behind this "approximately." I say it is permissible approximately, or it is not permissible approximately. The situation proceeds. I will give you an answer.

Another questioner : The car owner can take the car back from the driver at any time.

The Shaykh : If I told you it is permissible approximately, would you accept it?

Another questioner : No, of course not.

The Shaykh : How can I accept it? The question is "approximately."

Another questioner : Perhaps the car owner can take the car back from the driver at any time. The car owner, when you are renting the car, the office owner cannot take it from you unless you no longer need it.

The Shaykh : What does this possibility you are raising now benefit? What is the question now? Is this possibility in your mind?

Another questioner : I am giving you the reality.

The Shaykh : There is no power or strength except in Allah, my brother. You are giving me the reality. Is it in your mind?

Another questioner : No, Shaykh.

The Shaykh: Huh?

Another questioner : I am not keeping it in my mind.

The Shaykh : How are you not keeping it in your mind? Add it to the question and classify the question within the limits of this reality so that we know how it is, in order for us to answer.

Another questioner : There is no basic rule because some car owners are always [available/involved].

The Shaykh : My brother, every question has an answer. Assume the image you want, and we will give you the answer, with the permission of Allah.

Another questioner : Let us assume it is a rental.

The Shaykh : Then it is a rental with the previous detail: if the car breaks down on its own, the lessor bears the repair. In that case, it is like renting any real estate. For example, a merchant rents a shop; he might lose a year or two until his situation improves, and then he makes a long, wide profit. The rent continues to be paid as it was before. And perhaps a person rents a shop, for example, and his business does not go well, so he leaves it. He pays the rent without benefiting from that rent. So, like anything that is rented: a person has land and gives it to a person to farm. He comes, plows it, plants it, waters it, and so on, but it does not grow and does not bear fruit. He does not extend the rent he paid. And so we return now to this car. He rented it with clear and evident conditions, with no oppression and no aggression. We say: if they agreed to rent it with clear conditions, for example, saying "You rent it for twelve hours, or twenty-four hours, day and night, for such an amount," then if you cause an incident in it due to your ignorance and recklessness, etc., you are the guarantor. And if something in the car breaks down, I, the owner, am the guarantor. This scenario is permissible. This scenario that you assumed, I say, is permissible. Is there a second scenario?

Another questioner : ... he has a note.

The Shaykh : The case has returned to its source.
Al-Halabi : Mostly, our Shaykh, this is the scenario that... the general public [follows]. May Allah reward you with good.