Is the sale complete and valid, given a prior intention not to offer shisha, especially after leasing part of the shop to a telecommunications company and the other part to a restaurant that serves shisha, despite a verbal agreement not to offer it?
The transaction in which the company stipulates a brokerage contract within the sales contract, and takes 20% of the rental value, is a stipulation of a commutative contract within another commutative contract. This issue is a matter of dispute among jurists, and Sheikh Ibn 'Uthaymeen preferred its permissibility if it does not involve any শরী'আ-prohibited elements.
The brokerage fee must be known. If the brokerage commission is unknown, such as being an unknown percentage of the operator's profit, then the transaction is not permissible. However, if it is based on a known price per meter, it is permissible.
As for renting the shop to someone who will use it for something unlawful, there is no sin upon you unless you rent it for an unlawful purpose, or you know that it will be used for something unlawful. In that case, it is not permissible, lest you be an aid to him in sin.
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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