A man has a shop with a name and a reputation, and it has high-end decorations, but he does not own it; rather, it is on an old lease.
Machine translationRead the Arabic original
The questioner : He is the one trading, and I have no relation to the sale. He gives me a percentage of the profit in exchange for the name of the bookstore, the decorations, and the *khalu* (lease premium) that I paid. This is something he does not have, meaning he only buys the goods that are sold because of the shop.
The Shaykh : Yes.
The questioner : As for the partitions, shelves, decorations, the name of the bookstore, the reputation of the bookstore, and other things, he has to give me a specific percentage of the profit that we agree upon. Is this permissible in the Shari'ah or not?
The Shaykh : Who is the shop rent on?
The questioner : On him.
The Shaykh : On him?
The questioner : Yes, I only take the simple percentage: for the name of the shop, which is known for it, and for the *khalu* that I paid, and for the decorations that cost me in the bookstore!
The Shaykh : And what is the difference between this transaction?
The questioner: Yes.
The Shaykh : And what is called *khalu*?
The questioner : I don't know!
The Shaykh: Huh?
The questioner : Ah, so this is like *khalu*?
The Shaykh : I see it that way, but...
The questioner : I swear to Allah, I didn't ask except that I brought it up this way too!
The Shaykh : Yes, may Allah reward you with good. This is well known, but I am questioning it?
The questioner: Yes.
The Shaykh : That is, what is the difference between this and *khalu*? But...
The questioner : But the shop might have five thousand in decorations, and he cannot afford to pay for the decorations that I did. And the name of the shop, for example, is famous. The shop has a reputation with this name that is different from if he did it with a new name. Do you know, Shaykh, he had a shop and he knew that the name of the shop sometimes brings specific customers. So in exchange for this, I mean, you take... I said to him: I swear to Allah, my brother, I see it as if you are not comfortable with it, so I wanted to ask?
The Shaykh : The issue of *khalu* has two forms for me:
The questioner: Yes.
The Shaykh : Since we have spoken about them.
The questioner: Yes.
The Shaykh : Repeatedly, when we ask about *khalu* and its ruling in the Shari'ah!
The questioner: Yes.
The Shaykh : So I say: If a person wants to vacate the place or hand it over to his partner, if he is a tenant.
The questioner: Yes.
The Shaykh : Or if he is the owner and wants to move to another place and rent it to someone else.
The questioner: Yes.
The Shaykh : Then this has two forms:
The questioner: Yes.
The Shaykh : One form is that he is asked.
The questioner: Yes.
The Shaykh : By someone to vacate that place.
The questioner: Yes.
The Shaykh : Then he is allowed to take what is called here *khalu rajul* (a man's lease premium).
The questioner: Yes.
The Shaykh : In some countries, it is called *faruqiyah*.
The questioner: Yes.
The Shaykh : As for if he holds onto the shop and announces that this shop is ready for handover.
The questioner: Yes.
The Shaykh : And he takes the *faruqiyah*.
The questioner: Yes.
The Shaykh : Then this is not permissible.
The questioner: Yes.
The Shaykh : Now, let us come to the form of your case.
The questioner: Yes.
The Shaykh : Here, on one hand, there is a resemblance to *faruqiyah*.
The questioner: Yes.
The Shaykh : And on the other hand, there is a type of partnership.
The questioner: Yes.
The Shaykh : So what is the actual form, and the people of Makkah know its valleys best?
The questioner: Yes.
The Shaykh : So that we can respond in accordance with the Shari'ah.
The questioner: Yes.
The Shaykh : With one of the two forms.
The questioner: Yes.
The Shaykh : Is it a partnership or is it *faruqiyah*?
The questioner : I swear to Allah, this was a surprise to me, I mean, it was a surprise to me. I said to him, come in as a partner with me, for example.
The Shaykh : It is this.
The questioner : Pay half of the shop. We can value the shop and pay half of the shop, the decorations, and the goods, and then the profit is divided between us.
The Shaykh : This is the partnership known in the Shari'ah.
The questioner : Yes, but he surprised me. He is a brother from among our good brothers, who also seeks what is lawful.
The Shaykh: Yes.
The questioner : He said, I will buy the goods because I cannot afford to pay for the shop's decorations and such, and he cannot afford to pay. So he said, I will take the shop and consider it as if I am giving you a percentage for this. So I said, it differs a little.
The Shaykh : My brother, when he wants to buy the goods, he will move them to another place.
The questioner: Yes.
The Shaykh : So it means he wants.
The questioner : He wants to benefit from the shop, the shop's reputation, its decorations, and its location.
The Shaykh : I know this has no solution, it seems, and Allah knows best, except from the side of partnership.
The questioner: Yes.
The Shaykh : I mean, for example, it is possible to agree that it is, for example.
The questioner: Yes.
The Shaykh : Three-quarters for you and one-quarter for him, or one-quarter for you and three-quarters for him.
The questioner: Yes.
The Shaykh : Or an equal split.
The questioner: Yes.
The Shaykh : I mean, according to what justice and fairness require.
The questioner: Yes.
The Shaykh : Then this will be a clear transaction.
The questioner : Yes, yes.
The Shaykh : Or otherwiseSunan an-Nasa'i 5398Hasan (Darussalam).
The questioner : Well done, our professor.
The Shaykh : May Allah bless you.
The questioner : May Allah reward you.
The Shaykh : Welcome.
The questioner : May Allah reward you with good.
The Shaykh : And may Allah protect you, if Allah wills.
The Shaykh : Yes.
The questioner : As for the partitions, shelves, decorations, the name of the bookstore, the reputation of the bookstore, and other things, he has to give me a specific percentage of the profit that we agree upon. Is this permissible in the Shari'ah or not?
The Shaykh : Who is the shop rent on?
The questioner : On him.
The Shaykh : On him?
The questioner : Yes, I only take the simple percentage: for the name of the shop, which is known for it, and for the *khalu* that I paid, and for the decorations that cost me in the bookstore!
The Shaykh : And what is the difference between this transaction?
The questioner: Yes.
The Shaykh : And what is called *khalu*?
The questioner : I don't know!
The Shaykh: Huh?
The questioner : Ah, so this is like *khalu*?
The Shaykh : I see it that way, but...
The questioner : I swear to Allah, I didn't ask except that I brought it up this way too!
The Shaykh : Yes, may Allah reward you with good. This is well known, but I am questioning it?
The questioner: Yes.
The Shaykh : That is, what is the difference between this and *khalu*? But...
The questioner : But the shop might have five thousand in decorations, and he cannot afford to pay for the decorations that I did. And the name of the shop, for example, is famous. The shop has a reputation with this name that is different from if he did it with a new name. Do you know, Shaykh, he had a shop and he knew that the name of the shop sometimes brings specific customers. So in exchange for this, I mean, you take... I said to him: I swear to Allah, my brother, I see it as if you are not comfortable with it, so I wanted to ask?
The Shaykh : The issue of *khalu* has two forms for me:
The questioner: Yes.
The Shaykh : Since we have spoken about them.
The questioner: Yes.
The Shaykh : Repeatedly, when we ask about *khalu* and its ruling in the Shari'ah!
The questioner: Yes.
The Shaykh : So I say: If a person wants to vacate the place or hand it over to his partner, if he is a tenant.
The questioner: Yes.
The Shaykh : Or if he is the owner and wants to move to another place and rent it to someone else.
The questioner: Yes.
The Shaykh : Then this has two forms:
The questioner: Yes.
The Shaykh : One form is that he is asked.
The questioner: Yes.
The Shaykh : By someone to vacate that place.
The questioner: Yes.
The Shaykh : Then he is allowed to take what is called here *khalu rajul* (a man's lease premium).
The questioner: Yes.
The Shaykh : In some countries, it is called *faruqiyah*.
The questioner: Yes.
The Shaykh : As for if he holds onto the shop and announces that this shop is ready for handover.
The questioner: Yes.
The Shaykh : And he takes the *faruqiyah*.
The questioner: Yes.
The Shaykh : Then this is not permissible.
The questioner: Yes.
The Shaykh : Now, let us come to the form of your case.
The questioner: Yes.
The Shaykh : Here, on one hand, there is a resemblance to *faruqiyah*.
The questioner: Yes.
The Shaykh : And on the other hand, there is a type of partnership.
The questioner: Yes.
The Shaykh : So what is the actual form, and the people of Makkah know its valleys best?
The questioner: Yes.
The Shaykh : So that we can respond in accordance with the Shari'ah.
The questioner: Yes.
The Shaykh : With one of the two forms.
The questioner: Yes.
The Shaykh : Is it a partnership or is it *faruqiyah*?
The questioner : I swear to Allah, this was a surprise to me, I mean, it was a surprise to me. I said to him, come in as a partner with me, for example.
The Shaykh : It is this.
The questioner : Pay half of the shop. We can value the shop and pay half of the shop, the decorations, and the goods, and then the profit is divided between us.
The Shaykh : This is the partnership known in the Shari'ah.
The questioner : Yes, but he surprised me. He is a brother from among our good brothers, who also seeks what is lawful.
The Shaykh: Yes.
The questioner : He said, I will buy the goods because I cannot afford to pay for the shop's decorations and such, and he cannot afford to pay. So he said, I will take the shop and consider it as if I am giving you a percentage for this. So I said, it differs a little.
The Shaykh : My brother, when he wants to buy the goods, he will move them to another place.
The questioner: Yes.
The Shaykh : So it means he wants.
The questioner : He wants to benefit from the shop, the shop's reputation, its decorations, and its location.
The Shaykh : I know this has no solution, it seems, and Allah knows best, except from the side of partnership.
The questioner: Yes.
The Shaykh : I mean, for example, it is possible to agree that it is, for example.
The questioner: Yes.
The Shaykh : Three-quarters for you and one-quarter for him, or one-quarter for you and three-quarters for him.
The questioner: Yes.
The Shaykh : Or an equal split.
The questioner: Yes.
The Shaykh : I mean, according to what justice and fairness require.
The questioner: Yes.
The Shaykh : Then this will be a clear transaction.
The questioner : Yes, yes.
The Shaykh : Or otherwise
Leave that which makes you doubt for that which does not make you doubt.
فدَعْ ما يريبك إلى ما لا يريبكThe questioner : Well done, our professor.
The Shaykh : May Allah bless you.
The questioner : May Allah reward you.
The Shaykh : Welcome.
The questioner : May Allah reward you with good.
The Shaykh : And may Allah protect you, if Allah wills.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.