What is the ruling on owning time in an apartment under a timeshare system, whereby a person buys two weeks per year to be his property annually, with the possibility of international exchange of the time, and paying a symbolic amount for maintenance, and gifting, postponing, or selling the time?
A valid lease requires the clear designation of the leased item. Therefore, it is impermissible to lease one of two houses or one of two apartments without specifying which one, due to the ambiguity (jahalah) and uncertainty () involved. If the lease agreement is concluded without specifying the leased property and its location, it is not permissible. Similarly, the contract becomes void if the landlord stipulates that the tenant is responsible for maintenance, as the expenses for the leased property are incumbent upon its owner, the landlord. "And if the landlord stipulates this upon the tenant when leasing, it is not permissible, and the contract becomes void." However, if the tenant leases for two weeks or one week in a valid lease that fulfills all conditions, then he may lease it to another, exchange it, or gift it.
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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