Reading from the author's text with commentary and collation of manuscripts: "As for the sale: this public benefit is absent in it
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The reader: "As for the sale, this public benefit is absent in it, and this is clear according to the view of Ibn Abi Musa and others that the sale is disliked but not forbidden. If the dislike in the lease is removed by this stronger public benefit, as in its parallels, then there become four opinions in the issue" Mention it, O Shaykh, in the marginal notes
The Shaykh : Yes, and what does it say
The reader: He says, the first opinion is the prohibition of the sale and the lease by the dhimmi. The second opinion is the dislike of the sale and the lease. The third opinion is the prohibition of the sale and the dislike of the lease. The fourth opinion is the dislike of the sale and the permissibility of the lease. "This disagreement among us, and the hesitation regarding the dislike, is when the lease is not contracted for the forbidden benefit. As for if he leases it to him for the sake of selling intoxicants"
The Shaykh : it
The reader: it
The Shaykh : if he leases it
The reader: it
The Shaykh : it, meaning the house
The reader: Correction, O Shaykh
The Shaykh : Do you have what he indicated?
The reader: No, what he indicated
The Shaykh : what he indicated, it
The reader: "As for if he leases it to him for the sake of selling intoxicants, or for making it a church or a synagogue, it is not permissible according to one opinion, and al-Shafi'i and others said so, just as it is not permissible to lease his slave woman or slave for fornication. And Abu Hanifah said it is permissible to lease it for that, and Abu Bakr al-Razi said there is no difference according to Abu Hanifah"
The Shaykh : The basis of this opinion of Abu Hanifah (may Allah have mercy on him) is that this is permissible for him, meaning the dhimmi. But it is said that this permissibility is a permissibility of his religion, not one of the matters in which opinions differ. So it is a lease for it for disbelief. So the opinion of Abu Hanifah in this is weak, may Allah have mercy on him. Yes.
The Shaykh : Yes, and what does it say
The reader: He says, the first opinion is the prohibition of the sale and the lease by the dhimmi. The second opinion is the dislike of the sale and the lease. The third opinion is the prohibition of the sale and the dislike of the lease. The fourth opinion is the dislike of the sale and the permissibility of the lease. "This disagreement among us, and the hesitation regarding the dislike, is when the lease is not contracted for the forbidden benefit. As for if he leases it to him for the sake of selling intoxicants"
The Shaykh : it
The reader: it
The Shaykh : if he leases it
The reader: it
The Shaykh : it, meaning the house
The reader: Correction, O Shaykh
The Shaykh : Do you have what he indicated?
The reader: No, what he indicated
The Shaykh : what he indicated, it
The reader: "As for if he leases it to him for the sake of selling intoxicants, or for making it a church or a synagogue, it is not permissible according to one opinion, and al-Shafi'i and others said so, just as it is not permissible to lease his slave woman or slave for fornication. And Abu Hanifah said it is permissible to lease it for that, and Abu Bakr al-Razi said there is no difference according to Abu Hanifah"
The Shaykh : The basis of this opinion of Abu Hanifah (may Allah have mercy on him) is that this is permissible for him, meaning the dhimmi. But it is said that this permissibility is a permissibility of his religion, not one of the matters in which opinions differ. So it is a lease for it for disbelief. So the opinion of Abu Hanifah in this is weak, may Allah have mercy on him. Yes.
