Is a friend entitled to demand rent after previously indicating he did not want it by saying, "You and I are one, and we are brothers," and is not paying considered consuming unlawful wealth?
If the owner and the beneficiary differ on whether the property was a loan ( 'ariya) or a rental (ijara), then to clear the beneficiary's conscience and preserve his honor, he should pay the rent to the owner of the property. He may ask the owner to swear an oath that he accommodated him on the basis of a rental, not gratuitously. If the owner swears, the beneficiary must pay the rent.
The Fiqh Encyclopedia mentions that the Hanafis, Shafi'is, and Hanbalis hold that the owner's statement is accepted, along with his oath, because the apparent circumstances support him.
Al-Nawawi stated in "Minhaj al-Talibin" that the owner is to be believed in such a situation.
Al-Ramli justified this in "Nihayat al-Muhtaj" by saying that it is common for the owner not to permit the use of his property except in exchange for something.
Al-Ramli also mentioned another view within the , which is to believe the beneficiary, because the owner agreed with them to permit them the use of the benefit, and the original principle is the acquittal of their liability from rent.
If the beneficiary adopts the second view, he must swear an oath that the owner accommodated him gratuitously.
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