A Summary of the Discussion on the Option of Condition in a Lease Contract.
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The Shaykh : So, is the option of condition established in a lease contract? We say that this has categories or types. The first is that the lease is for a job. So what do you say, Abd al-Rahman al-Rays? It is permissible. Good. The second is that it is for a period that follows the contract, meaning it begins from the contract? Is it for a period that begins from the contract? Is it permissible? What did you read in the book? My judgment?
The questioner : According to the school of thought, it is not permissible, and the stronger opinion is that it is permissible.
The Shaykh : Good, let us answer according to the school of thought first so that we know what the author followed, and then we will look at it. Good, for a period that does not follow the contract, and the period of the option ends before the lease period begins. Sa'id? No, it is not. The brother? The one behind you, Adam, from where? What?
The questioner : Permissible.
The Shaykh : Is it permissible? Do you agree with this?
The questioner : Yes.
The Shaykh : Good, for a period that does not follow the contract, but it contains an option of condition that does not end until after the lease period begins. Abdullah ibn Awadh.
The questioner : Yes? Does it not end until after the lease period begins?
The Shaykh : Yes, indeed.
The questioner : This is not valid according to the school of thought.
The Shaykh : It is not valid, okay. Good, so now we return to the stronger opinion. The stronger opinion is that the option of condition in a lease contract is permissible, whether for a job, for a period that follows the contract, or for a period that does not follow the contract. If it is for a job, the matter is clear. If it is for a period that does not follow the contract, and the period of the option ends before the lease period begins, the matter is also clear and there is no issue. If it is for a period that follows the contract, or for a period that begins before the option period ends, then according to the school of thought it is not valid, but the correct view is that it is valid. We say that if he continues in the contract without rescinding it, the rent agreed upon in the contract becomes binding on him. If he rescinds it during the option period, he is obligated to pay the rent of the equivalent for the period he resided in. Is that clear? Good.
He said, may Allah have mercy on him: "or for a period that does not follow the contract".
The questioner : According to the school of thought, it is not permissible, and the stronger opinion is that it is permissible.
The Shaykh : Good, let us answer according to the school of thought first so that we know what the author followed, and then we will look at it. Good, for a period that does not follow the contract, and the period of the option ends before the lease period begins. Sa'id? No, it is not. The brother? The one behind you, Adam, from where? What?
The questioner : Permissible.
The Shaykh : Is it permissible? Do you agree with this?
The questioner : Yes.
The Shaykh : Good, for a period that does not follow the contract, but it contains an option of condition that does not end until after the lease period begins. Abdullah ibn Awadh.
The questioner : Yes? Does it not end until after the lease period begins?
The Shaykh : Yes, indeed.
The questioner : This is not valid according to the school of thought.
The Shaykh : It is not valid, okay. Good, so now we return to the stronger opinion. The stronger opinion is that the option of condition in a lease contract is permissible, whether for a job, for a period that follows the contract, or for a period that does not follow the contract. If it is for a job, the matter is clear. If it is for a period that does not follow the contract, and the period of the option ends before the lease period begins, the matter is also clear and there is no issue. If it is for a period that follows the contract, or for a period that begins before the option period ends, then according to the school of thought it is not valid, but the correct view is that it is valid. We say that if he continues in the contract without rescinding it, the rent agreed upon in the contract becomes binding on him. If he rescinds it during the option period, he is obligated to pay the rent of the equivalent for the period he resided in. Is that clear? Good.
He said, may Allah have mercy on him: "or for a period that does not follow the contract".