Is the tenant obligated to repair defects that occur in the rented house as a result of normal use or children's play, and is he absolved of this responsibility if the owner intends to renovate the house after his departure?
The hand of the tenant is a hand of trust (yad ), so he is not liable for damage to the leased property unless he commits an act of transgression (ta'addi) or negligence (tafrit). Transgression is the violation of what is permitted by , custom, or common practice, by doing something more severe. Negligence is the failure to fulfill the duty of preserving the property. It is not permissible to stipulate that the tenant is responsible for maintaining the property, as this leads to an unknown rental price (jahalat al-ujrah). Damage resulting from normal use (such as dirtying walls or wear and tear of facilities) is not guaranteed. However, damage resulting from abnormal use (such as breaking a sink or damaging the floor due to a heavy object falling) is guaranteed by the tenant.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 30015
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy