Conditions for the utilisation of the property given on lease
2195. The utilisation of the property given on lease carries four
That it should be halal. Hence, leasing out a shop for the sale or
storage of Alcoholic drinks, or providing transportation by leasing for it,
That doing the act or giving that service free of charge should not be
obligatory in the eyes of Shariah. Therefore, as a precaution, it is not
permissible to receive wages for teaching the rules of halal and haraam, or
for the last ritual services to the dead, like washing it, shrouding etc.
And as a precaution, money should not be paid in lieu of any services which
is deemed futile.
If the thing which is being leased out can be put to several uses, then
the use permissible to the lessee should be specified. For example, if an
animal, which can be used for riding or for carrying a load is given on hire,
it should be specified at the time of concluding the lease contract, whether
the lessee may use it for riding or for carrying a load, or may use it for
all other purposes.
The nature and extent of utilisation should be specified. In the case of
hiring a house or a shop, it can be done by fixing the period, and in the
case of labour, like that of a tailor, it can be specified that he will sew
and stitch a particular dress in a particular fashion.
2196. If the time of commencement of a lease is not fixed, it will be
reckoned to have commenced after the recitation of the formula of lease.
2197. If, for example, a house is leased out for one year, and it is
stipulated that the period of lease will commence one month after the recitation
of the formula, the lease contract is in order, even if the house had been
leased out to another person at the time of reciting the formula.
2198. If the period of lease is not specified, and the lessor says to
the lessee: "At any time you stay in the house you will have to pay rent at the
rate of $10 per month", the lease contract is not in order.
2199. If the owner of a house says to the lessee: "I have leased out
this house to you for £10 per month" or says: "I hereby lease out this house to
you for one month on a rent of $10, and as long as you stay in it thereafter the
rent will be $10 per month", if the time of the commencement of the period of
lease was specified or it was known the lease for the first month will be
2200. If travellers and pilgrims stay in a house not knowing how long
they will stay there, and if they settle with the landlord that they will, for
example, pay $1 per night as rent, and the landlord also agrees to it, there is
no harm in using that house. However, as the period of lease has not been
specified, the lease will not be proper except for the first night, and after
the first night the landlord can eject them as and when he so wishes.