What is the ruling on selling an apartment rented under an old lease, or assigning it to the owner for money, and how is this money divided among the heirs, given that the mother lives in another apartment owned by the deceased?
The statement clarifies the ruling on "khalaw fee" (refer to No. 34586). It emphasizes that the leased property remains the ownership of the lessor, and he has the right to reclaim it after the lease term expires. The lease term must be specified to avoid uncertainty () and dispute. If the term is not specified, and the lease is on a "month-to-month" or "year-to-year" basis, it is not binding on either party, and either party has the right to terminate the contract unless the rent has been paid or the month/year has begun. Accordingly, it is not permissible to sell the leased apartment or assign it to the owner for a sum of money, as long as the lease is on a month-to-month basis.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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