Is it permissible for a man who has a shop to take money in exchange for vacating this shop for another person?
Machine translationRead the Arabic original
The Shaykh: Yes.
The questioner: Peace be upon you.
The Shaykh: And upon you peace.
The questioner : How are you, my Shaykh?
The Shaykh : Praise be to Allah, I am well.
The questioner : I would like to ask you, O our Shaykh.
The Shaykh: Go ahead.
The questioner : Is it permissible for a man who has a shop to take the vacancy fee for his shop?
The student : The vacancy fee.
The Shaykh : The issue requires detail, such that the summarized answer is that it is permissible and not permissible, while the detailed answer is as follows: If the owner of the shop remains in it and benefits from it, and earns from it lawful sustenance, and a man comes and offers him to vacate the shop for him, then this is permissible, because the meaning of vacating is that the vacancy is real and true. But as for another man who vacates the shop and moves to another place, or gives up trading in such a thing, and announces that it is ready for handover or for sale, as they say in the end times, then in this case it is not permissible. Here, only leasing and renting are allowed, but taking the vacancy fee is not, because it is vacant, and leasing and renting is for benefiting from the vacancy of the property. So taking the rent in this case is from the category of consuming the wealth of people unjustly. And they only agree on the rent. Perhaps the issue has become clear to you?
The questioner : Yes, it is clear.
The Shaykh : Good, so sometimes it is permissible and sometimes it is not permissible.
The questioner : Sometimes, too, they want shops before entering to rent these shops, and they take the vacancy fee as well.
The Shaykh : My brother, may Allah guide you, you have taken the answer.
The questioner : This is the same as the second part.
The Shaykh: Of course.
The questioner : May Allah reward you with good, O our Shaykh.
The Shaykh : And beware of that.
The questioner : May Allah keep you alive, O our Shaykh.
The Shaykh : Welcome, peace be upon you.
The questioner: Peace be upon you.
The Shaykh: And upon you peace.
The questioner : How are you, my Shaykh?
The Shaykh : Praise be to Allah, I am well.
The questioner : I would like to ask you, O our Shaykh.
The Shaykh: Go ahead.
The questioner : Is it permissible for a man who has a shop to take the vacancy fee for his shop?
The student : The vacancy fee.
The Shaykh : The issue requires detail, such that the summarized answer is that it is permissible and not permissible, while the detailed answer is as follows: If the owner of the shop remains in it and benefits from it, and earns from it lawful sustenance, and a man comes and offers him to vacate the shop for him, then this is permissible, because the meaning of vacating is that the vacancy is real and true. But as for another man who vacates the shop and moves to another place, or gives up trading in such a thing, and announces that it is ready for handover or for sale, as they say in the end times, then in this case it is not permissible. Here, only leasing and renting are allowed, but taking the vacancy fee is not, because it is vacant, and leasing and renting is for benefiting from the vacancy of the property. So taking the rent in this case is from the category of consuming the wealth of people unjustly. And they only agree on the rent. Perhaps the issue has become clear to you?
The questioner : Yes, it is clear.
The Shaykh : Good, so sometimes it is permissible and sometimes it is not permissible.
The questioner : Sometimes, too, they want shops before entering to rent these shops, and they take the vacancy fee as well.
The Shaykh : My brother, may Allah guide you, you have taken the answer.
The questioner : This is the same as the second part.
The Shaykh: Of course.
The questioner : May Allah reward you with good, O our Shaykh.
The Shaykh : And beware of that.
The questioner : May Allah keep you alive, O our Shaykh.
The Shaykh : Welcome, peace be upon you.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.