What is the ruling on offering a sum of money to a shop owner so that he leases it to me, either after the current tenant's contract expires or by terminating his contract prematurely? And what is the ruling on offering a higher wage to a worker so that he leaves his current job and works for me?
Scholars have used the : «No one among you should sell over the sale of his brother» as evidence for the prohibition of leasing over the lease of one's brother, because leasing is a sale of usufructs, and this prohibition applies during the option period. Sheikh al-Islam Ibn Taymiyyah preferred the view that it is prohibited both during and after the option period, because the buyer might be able to rescind the contract for reasons other than the option of the session (khiyar al-majlis) or the contractual option (khiyar al-), and he might be forced to rescind the first contract unwillingly. Accordingly, an absolute prohibition is more appropriate, due to the enmity and hatred it might cause.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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