His second or final question asks: What is the ruling in Islam regarding a man vacating a place? For example, there is a person who has rented a shop from another, and years have passed, and the owner of the shop comes...
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The questioner : His second or final question asks: What is the ruling in Islam regarding a man vacating a place? For example, there is a person who has rented a shop from another, and years have passed, and the owner of the shop comes to the lessor to have him vacate the shop, and the lessee does not comply unless the owner of the shop pays him a sum of money?
The Shaykh : We say that if this lessee has a specific term and the owner of the shop comes to him asking him to leave before the end of this term, there is no blame on him for asking for compensation for waiving his right to the remaining part of the term. An example of this is if he had rented this shop for ten years, and then the owner of the shop comes to him after five years have passed and asks him to vacate the shop for him. In that case, there is no blame on the lessee for saying: I will not leave and let the rest of my term go unless it is for such and such, because this is an exchange for a right that he has, established by the contract, and Allah has commanded us to fulfill it in His saying:[Al-Ma'idah 5:1].
As for if the term has expired and the lessee’s remaining in this shop is by virtue of a law of the state, it is not permissible for him to refuse to leave except for compensation, meaning it is not permissible for him to ask for compensation for leaving this shop whose term has ended. Rather, it is obligatory for him to hand over the shop to its owner after the term has ended, and not to take any compensation for that, because his remaining in the shop without the permission of its owner after the lease term has ended is injustice to him, and injustice is forbidden, as Allah the Exalted said in the Holy Hadith:Sahih Muslim 2577a. Yes.
The questioner : We received a message from the listener Muhammad S. Q.
The Shaykh : We say that if this lessee has a specific term and the owner of the shop comes to him asking him to leave before the end of this term, there is no blame on him for asking for compensation for waiving his right to the remaining part of the term. An example of this is if he had rented this shop for ten years, and then the owner of the shop comes to him after five years have passed and asks him to vacate the shop for him. In that case, there is no blame on the lessee for saying: I will not leave and let the rest of my term go unless it is for such and such, because this is an exchange for a right that he has, established by the contract, and Allah has commanded us to fulfill it in His saying:
O you who have believed, fulfill [all] contracts.
يَا أَيُّهَا الَّذِينَ ءامَنُوا أَوْفُوا بِالْعُقُودِAs for if the term has expired and the lessee’s remaining in this shop is by virtue of a law of the state, it is not permissible for him to refuse to leave except for compensation, meaning it is not permissible for him to ask for compensation for leaving this shop whose term has ended. Rather, it is obligatory for him to hand over the shop to its owner after the term has ended, and not to take any compensation for that, because his remaining in the shop without the permission of its owner after the lease term has ended is injustice to him, and injustice is forbidden, as Allah the Exalted said in the Holy Hadith:
O My servants, I have forbidden oppression for Myself and have made it forbidden amongst you, so do not oppress one another.
يا عبادي! إني حرمت الظلم على نفسي وجعلته بينكم محرماً فلا تظالمواThe questioner : We received a message from the listener Muhammad S. Q.