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Rules of lease and rent

2273. The person, who gives something on lease, as well as the person, who takes it on lease, should be adult and sane and should be acting on their free will. It is also necessary that they should have the right of discretion over the property. Hence, a feeble-minded person who does not have the right of disposal or discretion over his property, his leasing out anything or taking anything on lease is not valid; except when permitted by his guardian.

2274. A person can become the agent of another person and give his property on lease, or take some property on lease, on his behalf.

2275. If the guardian of a minor gives his property on lease, or makes him the lessee of another person, there is no harm in it. And if some period after the child’s Bulugh is also included in the period of lease, the child can cancel that included part of the lease after his becoming Baligh. But, he cannot cancel his own lessee position. However, if that act was done because of child’s interest at the concerned time, he may not cancel it.

2276. A minor child, who has no guardian, cannot be hired without the permission of a fully competent Mujtahid. And if a person does not have access to such a Mujtahid, he can hire the child after obtaining permission from a M’omin who is Adil.

2277. It is not necessary for the lessor and the lessee to recite the formula in Arabic. In fact, if the owner says to a person: “I have leased out my property to you,” and the other replies: “I accept it,” the lease contract is in order. Also, if they do not utter any words, and the owner hands over his property to the lessee with the object of leasing it out, and lessee also takes it with the intention of taking it on lease, the lease contract by such conduct is in order.

2278. If a person wants to be hired for doing some work without reciting the formula, the hire contract will be in order, as soon as he starts doing that work.

2279. If a dumb person makes it known with signs that he has taken or given a property on lease, the lease contract is in order.

2280. If a person takes a house, shop or room on lease, and the owner of the property imposed the condition that only he can utilize it, the lessee cannot sublet it to any other person for his use. And if the owner of the property does not impose any such condition, the lessee can lease it out to another person. And if he wishes to lease it out for a higher amount in cash or kind, he can do so, if he has carried out some work on it, like white washing or renovation, or give it to some other thing, for example, if he has leased it with money, he may give it to wheat or some other thing

2281. If a person, who is hired on wages, lays down a condition that he will work for the hirer only, he (the hirer) cannot lease out his service to another person. And if the hired person does no lay down any such condition, the hirer can lease out his services to another, but he cannot charge more than the agreed wage for the hired person.

2282. If a person takes or hires something other than a house, a shop, a room, a ship, and a hired person, say, he hires a land on lease, and its owner does not lay down the condition that only he himself can utilize it, and if the lessee leases it out to another person on a higher rent, it will be in order.

2283. If a person takes, for example, a house or a shop on lease for one year on a rent of one hundred, and uses half portion of it himself, he can lease out the remaining half for one hundred Tomans. However, if he wishes to lease out the half portion on a rent higher than that on which he has taken the house, or shop on lease, like if he wishes to lease it out for hundred and twenty Tomans, he can do it only if he has carried out repairs in it or lease it to some other thing.