Is it permissible for the owner to stipulate to the tenant the evacuation of the premises while obligating him to pay the remaining price until the end of the contract in the event of a breach of the contract terms?
It is not permissible to stipulate vacating the property while obligating the tenant to pay the remaining rent until the end of the contract, in case of a breach of contract terms. This involves gharar (uncertainty) and injustice, for rent is in exchange for usufruct.
What is permissible is to stipulate termination of the contract upon a breach of its terms, or insolvency, or failure to pay rent. In such a case, the owner only takes the rent for the past period and is not entitled to anything thereafter. This condition is valid and free from injustice, and it resolves disputes.
The Hanbalis explicitly stated the permissibility of terminating a contract due to the buyer's insolvency. Shaykh al-Islam Ibn Taymiyyah held that it is permissible to terminate the contract in the case of a wealthy procrastinator, in order to prevent harm and deter procrastination, and this applies to rental agreements as well. The fundamental principle regarding conditions is permissibility, unless they forbid what is lawful or make lawful what is forbidden.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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