What is the ruling on an agreement between two parties where one pays the other a sum of money in exchange for vacating a rented property, then the landlord refuses to rent it to the party who paid the sum, and is the latter entitled to recover the amount paid?
If the lease term remains, it is permissible for the lessee to assign the premises to another party in exchange for a goodwill payment (khalaw), which is legally permissible by the agreement of jurists. Zayd erred in requesting the termination () from the first lessee; the correct approach would have been for the first lessee to assign the remainder of the term after renewing his contract. Since the termination occurred at Zayd's request, if the first lessee was not desirous of renewing the contract, he is entitled to the rent for the three months during which Zayd prevented him from benefiting, and the remainder should be returned. However, if the first lessee was desirous of renewing the contract, he is entitled to the full amount, based on the : "Muslims are bound by their conditions," and "Rights are decided by conditions."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 191494
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy