Premises being used for a haraam cause after being leased for a permissible cause
Question
Zaid let his house out to a non-Muslim. While residing in the house, the non-Muslim conducts his acts of worship. Will this invalidate the lease?
Answer
The Fuqahaa have explicitly mentioned that if the premises was leased for a permissible cause, and thereafter impermissible activities began taking place on the premises, this will not invalidate the lease nor will it cause the income to be contaminated, as the purpose for leasing the premises was a halaal purpose.
The lease will not be invalidated for two reasons: Firstly, the purpose for which the premises was leased was to reside in it, and this has taken place as agreed. Secondly, the sin is not taking place through the action of the lessor. Instead, it occurs solely through the action of the lessee.
And Allah Ta'ala knows best.
References (Arabic / Urdu sources)
وإذا استأجر الذمي من المسلم دارا يسكنها فلا بأس بذلك وإن شرب فيها الخمر أو عبد فيها الصليب أو أدخل فيها الخنازير ولم يلحق المسلم في ذلك بأس لأن المسلم لا يؤاجرها لذلك إنما آجرها للسكنى كذا في المحيط (الفتاوى الهندية 4/450)
- Answered by
- Mufti Zakaria Makada
- Checked & approved by
- Mufti Ebrahim Salejee (Isipingo Beach)
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