Conditions of use of the leased property
The utilization of the property given on lease carries 4 conditions:
I. That it should be Halal. Hence, leasing
out a shop for the sale of storage of alcoholic drinks, or providing
transportation by leasing for it, is void.
II. Money should not be paid in lieu of any
services, which is deemed fulfil.
III. If the thing, which is being leased out
can be put to several uses, then the use permissible to the lessee should
be specified. For example, if an animal, which can be used for riding or
for carrying a load is given on hire, it should be specified at the time
of concluding the lease contract, whether the lessee may use it for riding
or for carrying a load, or may use it for all other purposes.
IV. The nature and extent of utilization should be specified. In the case of labor, like that of a tailor, it can be specified that he will sew and stitch a particular dress in a particular fashion.
2288. If the time of commencement of a lease is not fixed, it will be reckoned to have commenced after the recitation of the formula of lease.
2289. If, for example, a house is leased out for one year, and it is stipulated that the period of lease will commence one month after the recitation of the formula, the lease contract is in order; even if the house had been leased out to another person at the time of reciting the formula.
2290. If the period of lease is not specified, and the lessor says to the lessee: At any time you stay in the house you will have to pay rent at the rate of 100 T. per month, the lease contract is not in order.
2291. If the owner of a house says to the lessee: I hereby lease out this house to your for one month on a rent of 1000 T., and as long as you stay in it thereafter the rent will be 1000 T. per month, it is in order and it has no harm.
2292. If travelers and pilgrims stay in a house not knowing how long they will stay there, and if they settle with the landlord that they will, for example, pay 100 T. per night as rent, and the landlord also agrees to it, there is no harm in using that house, and the landlord cannot eject them.