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The question

Is the apartment lease contract permissible, when it involves presenting a sum of money as a pledge, called "salaf ihsan" (a benevolent loan) for a period of one year, in exchange for paying rent lower than the market price in a single payment, provided that the tenant recovers the pledge amount after the period ends and after having utilized the apartment during this period?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The described scenario in the lease contract involves paying an advance sum to the landlord, which he benefits from for one year. This is impermissible because the sum paid is considered a loan that yielded a benefit for the lessee (a reduction in rent), and every loan that yields a benefit is usury (riba). Furthermore, stipulating a loan along with a lease is prohibited, due to the Prophet’s (peace be upon him) prohibition of "a sale and a loan," and because it involves stipulating one contract within another. If the condition is that he leases it to him for less than its usual rent, or gives him a gift, this makes the prohibition even more severe.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
94568
Imported
Translation status
Source text, unreviewed
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