Is it permissible to lease a mobile phone purchased from a monopolistic company whose contract terms prohibit its leasing, knowing that its price is high and that some individuals have an essential need for it?
It is not permissible to stipulate a condition that contradicts the essence of the contract, such as the seller stipulating to the buyer that he (the buyer) may not sell or rent [the item], due to the prohibiting "sale and condition." Scholars have differed regarding the invalidity of the sale if it includes a condition that contradicts the essence of the contract. The Maliki and Shafi'i schools, and one narration from Ahmad, hold that it is invalid. The Hanafi school deems it invalid if the condition entails a benefit for one of the contracting parties. Meanwhile, the Hanbali school holds that the sale is valid but the condition is void, and this is also one opinion within the Shafi'i school. It is preferable to avoid this type of contract. If it occurs, the more cautious approach is to adopt the view of the majority of scholars regarding the invalidity of the contract, whereby the sold item is returned to the seller and a new contract is concluded without the condition. Otherwise, the buyer should refrain from the sale.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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