What is the meaning of the author's statement: "And his basis for this is that he is not entitled to perform these actions by virtue of the lease contract, even if it is stipulated"

The questioner : May Allah reward you. When he noted the basis of Abu Hanifah, he said: "And his basis for this is that he is not entitled to perform these actions by virtue of the lease contract, even if it is stipulated"

The Shaykh : Yes

The questioner :"Because he has the right not to sell intoxicants in it or turn it into a church"

The Shaykh : For example, if he leased it for the sale of intoxicants, is he obligated by this?

The questioner : The dhimmi

The Shaykh : The dhimmi

The questioner : The dhimmi is not obligated; he may not sell or turn it into a church

The Shaykh : This is what he says. Since he is not obligated, and not obligated by the object of the contract, this indicates that it has no effect

The questioner : Now, and the Shaykh's (may Allah have mercy on him) statement: "And the rent is due upon him by delivery for the duration"

The Shaykh : Yes, that is right. It means that if he delivers it, even if he does not benefit from it at all. Because if he leases it for the sale of intoxicants, he either sells intoxicants with it, or sells something other than intoxicants in it, or sells nothing in it. The rent is due for the duration in which it was delivered to him, even if he does not benefit from it