What is the ruling of the Sharia on an agent accommodating strangers in a house built on inherited land, knowing that the agency does not include the right to sell or lease, and is it permissible for the heirs to prevent him from doing so?
If the heirs permit their brother to build on an agricultural property for him to reside in, by way of a gratuitous loan (ʻāriyah), and they stipulate that only he himself may reside in it, then it is not permissible for him to allow anyone else to live there, whether gratuitously or for a fee. This is because the preponderant view is that a gratuitous loan (ʻāriyah) is merely a permission for personal use, and he has committed himself to the condition.
As for housing debtors due to debt, this is not permissible Islamically because it is considered a loan that draws benefit, and the Prophet, peace and blessings be upon him, forbade the lender from accepting a gift from the borrower before repayment.
Therefore, the brother should be advised gently and wisely to retract from housing others in the property, in order to preserve brotherhood.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 119021
- 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
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