What is the ruling on taking the *khalu* from commercial establishments and old and new residences?
Machine translationRead the Arabic original
The questioner : Well, Shaykh, what is the ruling on taking the *khalu* and the *miftahiyyah* from commercial establishments and old and new residences?
The Shaykh : It is not permissible for new ones at all.
The questioner: Yes.
The Shaykh : As for the old ones, it depends on the situation.
The questioner: Yes.
The Shaykh : If the owner of the shop or establishment is the owner of the building and he requests the tenant to vacate, and they agree on a sum for the vacating,The student : then it is permissible.
The questioner : Yes. I mean, do you mean the owner of the building, Shaykh?
The Shaykh: Yes.
The questioner: Yes.
The Shaykh : The owner of the building is the one occupying the building.
The questioner: Yes.
The Shaykh : He is told, "Vacate the building for us."
The questioner: Yes.
The Shaykh : "And we will give you what you want."
The questioner: Yes.
The Shaykh : So they are bound by what they agreed upon.
The questioner: Yes.
The Shaykh : As for the owner of the building vacating the building because he has built another building,
The questioner: Yes.
The Shaykh : he vacates it, and then the tenant comes and demands the rent and the *faruqiyyah*.
The questioner: Yes.
The Shaykh : This second demand is invalid.
The questioner: Yes.
The Shaykh : It is not permissible for new ones at all.
The questioner: Yes.
The Shaykh : As for the old ones, it depends on the situation.
The questioner: Yes.
The Shaykh : If the owner of the shop or establishment is the owner of the building and he requests the tenant to vacate, and they agree on a sum for the vacating,The student : then it is permissible.
The questioner : Yes. I mean, do you mean the owner of the building, Shaykh?
The Shaykh: Yes.
The questioner: Yes.
The Shaykh : The owner of the building is the one occupying the building.
The questioner: Yes.
The Shaykh : He is told, "Vacate the building for us."
The questioner: Yes.
The Shaykh : "And we will give you what you want."
The questioner: Yes.
The Shaykh : So they are bound by what they agreed upon.
The questioner: Yes.
The Shaykh : As for the owner of the building vacating the building because he has built another building,
The questioner: Yes.
The Shaykh : he vacates it, and then the tenant comes and demands the rent and the *faruqiyyah*.
The questioner: Yes.
The Shaykh : This second demand is invalid.
The questioner: Yes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
