Is it permissible for a person to rent his house or shop to a bank out of fear that it will remain vacant?
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The questioner : I do not know, O Shaykh. There is a person who says that he asked you for a ruling regarding the bank, stating that if no one else is renting the shop except the bank, then it is permissible. I do not know if this ruling is valid or not.
The Shaykh : By Allah, my brother, I will advise you: whenever something is attributed to us or to other scholars that you disapprove of, deny it. And say to the one who told you: I demand proof of the accuracy of your transmission, because much is transmitted from us incorrectly and falsely, and from others as well. As for the question, I never said this. I say that it is not permissible for a person to rent his shop or house to a bank, even if it remains vacant for a hundred years, ever. For Allah said in His great Book:[Al-Ma'idah 5:2], and renting shops to banks is cooperation in sin and aggression. And if it is established from the Prophet (peace and blessings be upon him) that: Sunan Ibn Majah 2277Hasan (Darussalam), even though the witnesses and the scribe have no interest except to establish riba, he cursed them all and said: . So take from me now that it is not permissible to rent places to the bank, because it was established for riba, and that is its original purpose. It is true that it may have other permissible transactions, but it is fundamentally established for riba. So convey to the one who transmitted this from me, and say: I asked so-and-so, and he said this is not correct. It is not permissible to rent houses or shops to these banks, even if they remain vacant for a hundred years.
The questioner : All right, Shaykh, I do not know about the bank money, because he rented it to the bank?
The Shaykh : It is the same question. May Allah reward you with good.
The questioner : Which bank, O Shaykh?
The Shaykh : Banks are well known.
The questioner : And if we rent to barbers and shops where smoking takes place?
The Shaykh : Yes, anything you rent out for a forbidden matter, you are a partner with the other party in the sin, and it is forbidden for you. Even renting the place to a barber who shaves beards is forbidden. But if he rented it to a barber on the condition that he only shaves heads, and then you see him shaving beards, the sin is on him, because there is a difference between one who rents a thing to disobey Allah in it and one who rents it and then disobeys Allah in it. Do you understand?
The student: Yes.
The Shaykh : There is a difference between one who rents a thing to disobey Allah in it, and one who rents it and then disobeys Allah in it. Is that clear?
For example, if this man rents a shop for usury or interest, that is forbidden. And if he rents it to sell cigarettes, and I know that he rented it to sell cigarettes in it, that is forbidden. But if he rents it for a permissible purpose, and then sells cigarettes in it, or engages in usury or interest in it, he owes nothing for that.
The questioner : And if it is stipulated in the contract?
The Shaykh : What did he demand?
The questioner : That no forbidden matter be placed in it.
The Shaykh : All right, this is good.
The questioner : Is the contract annulled?
The Shaykh : Yes, he has the right to annul it. If he rented the shop for a barber on the condition that he not shave a beard, and then he did shave, he has the right to annul it.
The Shaykh : By Allah, my brother, I will advise you: whenever something is attributed to us or to other scholars that you disapprove of, deny it. And say to the one who told you: I demand proof of the accuracy of your transmission, because much is transmitted from us incorrectly and falsely, and from others as well. As for the question, I never said this. I say that it is not permissible for a person to rent his shop or house to a bank, even if it remains vacant for a hundred years, ever. For Allah said in His great Book:
And cooperate in righteousness and piety, but do not cooperate in sin and aggression.
وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَى وَلا تَعَاوَنُوا عَلَى الإِثْمِ وَالْعُدْوَانِthe Messenger of Allah (ﷺ) cursed the one who consumes usury, the one who pays it, those who witness it and the one who writes it down.
لعن آكلَ الربا، ومُوكلَه، وشاهدَيه، وكاتبَهThey are all the same.
هم سواءThe questioner : All right, Shaykh, I do not know about the bank money, because he rented it to the bank?
The Shaykh : It is the same question. May Allah reward you with good.
The questioner : Which bank, O Shaykh?
The Shaykh : Banks are well known.
The questioner : And if we rent to barbers and shops where smoking takes place?
The Shaykh : Yes, anything you rent out for a forbidden matter, you are a partner with the other party in the sin, and it is forbidden for you. Even renting the place to a barber who shaves beards is forbidden. But if he rented it to a barber on the condition that he only shaves heads, and then you see him shaving beards, the sin is on him, because there is a difference between one who rents a thing to disobey Allah in it and one who rents it and then disobeys Allah in it. Do you understand?
The student: Yes.
The Shaykh : There is a difference between one who rents a thing to disobey Allah in it, and one who rents it and then disobeys Allah in it. Is that clear?
For example, if this man rents a shop for usury or interest, that is forbidden. And if he rents it to sell cigarettes, and I know that he rented it to sell cigarettes in it, that is forbidden. But if he rents it for a permissible purpose, and then sells cigarettes in it, or engages in usury or interest in it, he owes nothing for that.
The questioner : And if it is stipulated in the contract?
The Shaykh : What did he demand?
The questioner : That no forbidden matter be placed in it.
The Shaykh : All right, this is good.
The questioner : Is the contract annulled?
The Shaykh : Yes, he has the right to annul it. If he rented the shop for a barber on the condition that he not shave a beard, and then he did shave, he has the right to annul it.