Is it permissible to sell some of the fruits from a rented house and take their price?
If the tenant stipulates the fruit of the tree at the time of the lease agreement, then if the fruit has begun to ripen at the time of the contract, it is permissible for him to stipulate and sell it because it is considered a sale of the fruit along with the rental of the house in one contract, and this is permissible. If it has not begun to ripen at the time of the contract, the stipulation and sale are permissible on the condition that the value of the fruit is less than one-third of the rental value, and that it ripens before the end of the lease term. This is an exception for necessity to alleviate hardship for the tenant in the owner's care for his fruits. The condition follows the prevailing custom; if the custom dictates that the fruit belongs to the tenant, then he has the right to benefit from it through sale and consumption. If the lessor permits the tenant to benefit from the fruit absolutely, then he has the right to benefit from it through sale and consumption. However, if he permits him to eat it but not sell it, then he is not allowed to sell it, and its sale at that time would be an unauthorized sale (fuduli) that is dependent on the owner's permission.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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