Is it permissible to lease a shop from the lessee rather than from its original owner?
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The questioner : Regarding the guarantee of the shop: one person guaranteed a shop and pays the shop's rent to the shop's owner, not to its official owner, five hundred dinars. And that person pays the shop's owner his fee. Is this permissible or not?
The Shaykh : Yes, what do you mean by guarantee? May Allah reward you.
The questioner : The guarantee means I guaranteed a shop from one person, and he is not the owner of the shop.
The Shaykh : Do not repeat the words. May Allah guide us and you.
The questioner : Shaykh, may Allah reward you with good, is...
The Shaykh : Finish it, O Shaykh. May Allah guide you. You have not finished. Your companion, the man, is speaking. I tell you, what do you mean by the word guarantee?
The questioner : The guarantee means...
The Shaykh : I know the guarantee of the fruit.
The questioner: Yes.
The Shaykh : You are saying the guarantee of the shop. What is it?
The questioner : The guarantee of the shop is, for example, I leased the shop from the owner of a shop that made a decor shop. So I guaranteed it from him and took the fee from me, not from the official owner of the shop, but from the lessee. And I leased from the lessee.
The Shaykh : May Allah guide you, O Shaykh. May Allah guide you.
The questioner : Is it permissible or not?
The Shaykh : May Allah guide you. You are repeating the whole question, and I do not understand what you mean by the guarantee.
The questioner : He wants, O Shaykh, to transfer the qadam.
The Shaykh : Do you mean the furogiyyah?
The questioner : Yes.
The Shaykh : What do you mean by the guarantee?
The questioner : I mean, when I guarantee a shop, O Shaykh...
The Shaykh : O Shaykh, do not repeat the question. I do not understand what you mean by the guarantee. The professor here says, for example, let a man in some countries...
The questioner: Yes.
The Shaykh : In some countries, furogiyyah. So what do you mean by the guarantee?
The questioner : The guarantee means, for example, ownership.
The student : Ownership of the decor only.
The questioner : Ownership of the decor, just the process of owning the decor.
The Shaykh : Ownership of the decor from whom?
The questioner : From the lessee.
The Shaykh : Do you mean by ownership, purchase?
The questioner: Yes.
The Shaykh : Do you pay him a price?
The questioner : The price.
The Shaykh : Okay, and who works in the shop is the one who bought it?
The questioner: Yes.
The Shaykh : So, this is like what the Shaykh is saying.
The questioner : No, he does not work. I pay him rent.
The Shaykh : I am the lessee of the shop from the Shaykh, and I made the decor.
The questioner: Yes.
The Shaykh : And you are the third man.
The questioner : The third.
The Shaykh : The third, okay, listen. You are not the third man.
The questioner: Yes.
The Shaykh : Okay, do you buy the decor from me?
The questioner: Yes.
The Shaykh : Why do you buy it? What do you want from this purchase? That you dismantle it and move it to another place?
The questioner : No, I leave it in the shop, but I pay you the rent.
The Shaykh : O Shaykh, you are outside the shop. I am the lessee, and this is the owner of the shop. I am leasing from him, and I am the one who made the decor. And you want to buy this decor. I ask you, why do you want to dismantle it, remove it, and enjoy it in another place? Or do you want to take my place?
The questioner : Take your place.
The Shaykh : ... So, let a man, this is furogiyyah. I am leasing from here. I go out, and you take my place.
The questioner: Yes.
The Shaykh : And you pay the rent to the owner of the shop, is that so?
The questioner: Yes.
The Shaykh : Or are you confused?
The questioner : No, it means... I do not pay it to the owner of the shop, O Shaykh. I pay it to the lessee, to the second lessee.
The Shaykh : My brother, I am the lessee. Speak to me now. I am the lessee. You pay the rent to me.
The questioner: Yes.
The Shaykh : And I am outside the shop.
The questioner : And you are outside the shop.
The Shaykh : Yes.
The questioner : Is it permissible or not?
The Shaykh : You take permission from here.
The questioner : From the owner of the shop. It is not permissible that you pay the rent...
The Shaykh : You take permission from here. If he gives you permission, it is permissible; otherwise, it is not. And peace be upon you.
The student : Peace be upon you. Our Shaykh, do you like to leave, and on the way...
The Shaykh : And the other one is in the sun. Work them, our brothers. Work them. "And do not set a time, and woe to Allah, from every idle, lazy, heedless one, who does not strive in worldly sustenance, nor in a pasture of the Hereafter does he graze, so another is better and more worthy and more beloved than him, a donkey with a tail."
The student : Allah is the Helper.
The questioner : So, we ask, O Shaykh. May Allah reward you.
The student : Excuse me, wait a little. Abu Fares, they kept me busy. What am I supposed to do? They kept me busy with things.
Another student: We respect him in his absence.
The Shaykh : Do not listen to him, because he will not encompass everything with knowledge. It is necessary that he misses something, either earlier or later.
The student : In any case, please, Abu Fares.
The Shaykh : Yes, what do you mean by guarantee? May Allah reward you.
The questioner : The guarantee means I guaranteed a shop from one person, and he is not the owner of the shop.
The Shaykh : Do not repeat the words. May Allah guide us and you.
The questioner : Shaykh, may Allah reward you with good, is...
The Shaykh : Finish it, O Shaykh. May Allah guide you. You have not finished. Your companion, the man, is speaking. I tell you, what do you mean by the word guarantee?
The questioner : The guarantee means...
The Shaykh : I know the guarantee of the fruit.
The questioner: Yes.
The Shaykh : You are saying the guarantee of the shop. What is it?
The questioner : The guarantee of the shop is, for example, I leased the shop from the owner of a shop that made a decor shop. So I guaranteed it from him and took the fee from me, not from the official owner of the shop, but from the lessee. And I leased from the lessee.
The Shaykh : May Allah guide you, O Shaykh. May Allah guide you.
The questioner : Is it permissible or not?
The Shaykh : May Allah guide you. You are repeating the whole question, and I do not understand what you mean by the guarantee.
The questioner : He wants, O Shaykh, to transfer the qadam.
The Shaykh : Do you mean the furogiyyah?
The questioner : Yes.
The Shaykh : What do you mean by the guarantee?
The questioner : I mean, when I guarantee a shop, O Shaykh...
The Shaykh : O Shaykh, do not repeat the question. I do not understand what you mean by the guarantee. The professor here says, for example, let a man in some countries...
The questioner: Yes.
The Shaykh : In some countries, furogiyyah. So what do you mean by the guarantee?
The questioner : The guarantee means, for example, ownership.
The student : Ownership of the decor only.
The questioner : Ownership of the decor, just the process of owning the decor.
The Shaykh : Ownership of the decor from whom?
The questioner : From the lessee.
The Shaykh : Do you mean by ownership, purchase?
The questioner: Yes.
The Shaykh : Do you pay him a price?
The questioner : The price.
The Shaykh : Okay, and who works in the shop is the one who bought it?
The questioner: Yes.
The Shaykh : So, this is like what the Shaykh is saying.
The questioner : No, he does not work. I pay him rent.
The Shaykh : I am the lessee of the shop from the Shaykh, and I made the decor.
The questioner: Yes.
The Shaykh : And you are the third man.
The questioner : The third.
The Shaykh : The third, okay, listen. You are not the third man.
The questioner: Yes.
The Shaykh : Okay, do you buy the decor from me?
The questioner: Yes.
The Shaykh : Why do you buy it? What do you want from this purchase? That you dismantle it and move it to another place?
The questioner : No, I leave it in the shop, but I pay you the rent.
The Shaykh : O Shaykh, you are outside the shop. I am the lessee, and this is the owner of the shop. I am leasing from him, and I am the one who made the decor. And you want to buy this decor. I ask you, why do you want to dismantle it, remove it, and enjoy it in another place? Or do you want to take my place?
The questioner : Take your place.
The Shaykh : ... So, let a man, this is furogiyyah. I am leasing from here. I go out, and you take my place.
The questioner: Yes.
The Shaykh : And you pay the rent to the owner of the shop, is that so?
The questioner: Yes.
The Shaykh : Or are you confused?
The questioner : No, it means... I do not pay it to the owner of the shop, O Shaykh. I pay it to the lessee, to the second lessee.
The Shaykh : My brother, I am the lessee. Speak to me now. I am the lessee. You pay the rent to me.
The questioner: Yes.
The Shaykh : And I am outside the shop.
The questioner : And you are outside the shop.
The Shaykh : Yes.
The questioner : Is it permissible or not?
The Shaykh : You take permission from here.
The questioner : From the owner of the shop. It is not permissible that you pay the rent...
The Shaykh : You take permission from here. If he gives you permission, it is permissible; otherwise, it is not. And peace be upon you.
The student : Peace be upon you. Our Shaykh, do you like to leave, and on the way...
The Shaykh : And the other one is in the sun. Work them, our brothers. Work them. "And do not set a time, and woe to Allah, from every idle, lazy, heedless one, who does not strive in worldly sustenance, nor in a pasture of the Hereafter does he graze, so another is better and more worthy and more beloved than him, a donkey with a tail."
The student : Allah is the Helper.
The questioner : So, we ask, O Shaykh. May Allah reward you.
The student : Excuse me, wait a little. Abu Fares, they kept me busy. What am I supposed to do? They kept me busy with things.
Another student: We respect him in his absence.
The Shaykh : Do not listen to him, because he will not encompass everything with knowledge. It is necessary that he misses something, either earlier or later.
The student : In any case, please, Abu Fares.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.