Ruling on selling the transfer of the foot after the lease term has ended
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Question:
A letter reached the program from listener Muhammad Ali al-Ajlan. He says in the letter: Among the common transactions among people is renting shops for a limited price, and subletting them to another for an amount higher than the first rent, in exchange for returning to the previous rent in future years. This is known among the common people as transferring the foot. To clarify, we give an example: One of us rents a shop for, say, twenty thousand riyals, and asks the one who wants to rent it from him to pay ten thousand riyals in exchange for vacating it, delivering it to him, and returning to the previous rent, which is twenty thousand riyals in future years. What is the ruling on the money taken in this way, which is known as transferring the foot?
Answer:
As for transferring the foot, it is not permissible to take money for it; because it is not his property, but the property of the owner. The shop and the house are the property of the owner. However, if he sublets for the duration of the term he has acquired through the rent, there is no harm in subletting it for more. So if he rents a house or a shop for twenty thousand, then sublets it for more than that, there is no harm in that.
However, if his term has ended, he has no right to sell the transfer of the foot and take compensation for the transfer of the foot, and his term has ended. So the right is not his, but the owner's, and his term has expired. So he has no right to take anything for his departure; because he has no remaining right, but the right is the owner's, and his term has ended. It is not permissible for him to take the transfer of the foot; because it has no counterpart, it has no counterpart. Yes.
The presenter : May Allah reward you with good.
A letter reached the program from listener Muhammad Ali al-Ajlan. He says in the letter: Among the common transactions among people is renting shops for a limited price, and subletting them to another for an amount higher than the first rent, in exchange for returning to the previous rent in future years. This is known among the common people as transferring the foot. To clarify, we give an example: One of us rents a shop for, say, twenty thousand riyals, and asks the one who wants to rent it from him to pay ten thousand riyals in exchange for vacating it, delivering it to him, and returning to the previous rent, which is twenty thousand riyals in future years. What is the ruling on the money taken in this way, which is known as transferring the foot?
Answer:
As for transferring the foot, it is not permissible to take money for it; because it is not his property, but the property of the owner. The shop and the house are the property of the owner. However, if he sublets for the duration of the term he has acquired through the rent, there is no harm in subletting it for more. So if he rents a house or a shop for twenty thousand, then sublets it for more than that, there is no harm in that.
However, if his term has ended, he has no right to sell the transfer of the foot and take compensation for the transfer of the foot, and his term has ended. So the right is not his, but the owner's, and his term has expired. So he has no right to take anything for his departure; because he has no remaining right, but the right is the owner's, and his term has ended. It is not permissible for him to take the transfer of the foot; because it has no counterpart, it has no counterpart. Yes.
The presenter : May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.