Is the tenant entitled to a reduction in rent (arsh) if a defect occurs in the leased property?
"Whoever leases something and finds a defect in it that they were unaware of, or if a defect occurs not due to their fault, they have the option to either uphold the contract or annul it. Some scholars, such as Sheikh Al-Islam Ibn Taymiyyah and some Maliki and Hanbali jurists, have permitted the lessee to keep the defective item and receive 'arsh (compensation for the defect), based on an analogy with the rulings of sale, which allow the buyer to keep the defective sold item while receiving compensation. This opinion states that the lessee is given the choice between annulling the contract or receiving 'arsh, and the 'arsh is calculated based on the proportion of the decrease in benefit due to the defect."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 20094
- 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
- Read the full answer on Ftawy