Ruling on the agreement between the new and old tenants to leave the shop in exchange for a sum of money
Machine translationRead the Arabic original
He also says in this letter: I am a tenant of a shop, and a man agreed with me that I would leave him the shop in exchange for five thousand pounds, with the owner's consent. This new tenant increased the rent from one hundred pounds to one hundred and fifty pounds per month. Is it permissible for me to take this amount from him, which is called among us "khalu rajul" (vacating the premises)? Please inform us, may Allah reward you.
Answer: This amount has no basis and no justification. As long as the term has expired, you have no right to take it, unless it is a gift from the owner and a concession on his part. As for taking it on the basis that it is your right, or that you mean you cannot leave the shop except for this amount, no. Because you have no right to it. Your right in the shop is only if the term remains, so the remaining term is yours to rent out for whatever you wish. But after the term has ended, you have no right to take anything. The disposal belongs to the owner of the property; he is the one who disposes of it, renting it to you or to someone else. Even if the state granted this to you, the state does not make the forbidden permissible, and people are more entitled to their own properties. May Allah improve the condition of everyone.
The presenter: May Allah bless you. You mean, this amount, O Shaykh, is not taken from the owner?
The Shaykh: It is not taken from the owner, nor from the tenant.
The presenter: The new one?
The Shaykh: From the new one, if the term has expired. Yes.
The presenter: May Allah reward you.
Answer: This amount has no basis and no justification. As long as the term has expired, you have no right to take it, unless it is a gift from the owner and a concession on his part. As for taking it on the basis that it is your right, or that you mean you cannot leave the shop except for this amount, no. Because you have no right to it. Your right in the shop is only if the term remains, so the remaining term is yours to rent out for whatever you wish. But after the term has ended, you have no right to take anything. The disposal belongs to the owner of the property; he is the one who disposes of it, renting it to you or to someone else. Even if the state granted this to you, the state does not make the forbidden permissible, and people are more entitled to their own properties. May Allah improve the condition of everyone.
The presenter: May Allah bless you. You mean, this amount, O Shaykh, is not taken from the owner?
The Shaykh: It is not taken from the owner, nor from the tenant.
The presenter: The new one?
The Shaykh: From the new one, if the term has expired. Yes.
The presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.