Ruling on the lessee taking a wage from the lessor
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Question:
Is it permissible to lease a restaurant with all its equipment, utensils, and employees to a lessee, on the condition that the lessee pays the lessor a fixed monthly amount, whether the restaurant makes a profit or incurs a loss? It is known that the lessee receives a monthly salary from the lessor, and also the net remainder after deducting the amount allocated to the lessor, whether it is small or large?
Answer:
... regarding leasing the restaurant and the items within it, leasing them to Zayd or 'Amr, there is no harm if it is for a known wage for a known duration, and he uses these items in the restaurant, such as chairs, carpets, utensils, and vessels, to feed people and prepare feasts for them. There is no harm in that. However, his being a wage-earner for the owner of the restaurant, what is the basis for this, since the restaurant has already been leased to him? How can he be his wage-earner when he has leased the restaurant? How does this work, and since he is the lessee of the restaurant and manages it... he feeds people and takes the fee from people, so on what basis does he take a wage when he is the owner of the restaurant, and he is the one who leased the restaurant, and he feeds people and takes from them the value of the food and drink? This is strange, a matter for consideration. We see that the owner of the restaurant should contact me directly; so that I can look at his case, he should contact me in person so that the matter can be studied with him; because the question contains strangeness, yes.
The presenter: May Allah reward you with good.
Is it permissible to lease a restaurant with all its equipment, utensils, and employees to a lessee, on the condition that the lessee pays the lessor a fixed monthly amount, whether the restaurant makes a profit or incurs a loss? It is known that the lessee receives a monthly salary from the lessor, and also the net remainder after deducting the amount allocated to the lessor, whether it is small or large?
Answer:
... regarding leasing the restaurant and the items within it, leasing them to Zayd or 'Amr, there is no harm if it is for a known wage for a known duration, and he uses these items in the restaurant, such as chairs, carpets, utensils, and vessels, to feed people and prepare feasts for them. There is no harm in that. However, his being a wage-earner for the owner of the restaurant, what is the basis for this, since the restaurant has already been leased to him? How can he be his wage-earner when he has leased the restaurant? How does this work, and since he is the lessee of the restaurant and manages it... he feeds people and takes the fee from people, so on what basis does he take a wage when he is the owner of the restaurant, and he is the one who leased the restaurant, and he feeds people and takes from them the value of the food and drink? This is strange, a matter for consideration. We see that the owner of the restaurant should contact me directly; so that I can look at his case, he should contact me in person so that the matter can be studied with him; because the question contains strangeness, 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.
