Issue No.1857- If a labourer or a person is hired and employed by someone, the hirer cannot lease out his services to another person, unless it is understood from his words or action that the hirer has the option to do so. Then, in such a case, it is not permissible as an obligatory precaution, if he takes more money than the agreed wage for the hired person. However, this is permissible in cases other than a house, shop and a hired person.
Issue No.1858- The following conditions should be acquired in the property given on lease:1) It should be specified. Hence, if a person says, “I give one of my houses or one of my cars on lease,” it is not in order.2) The person taking the property on lease should see it, or the owner should describe its features completely.3) It should be possible to deliver it. Hence, leasing out a horse which has run away that the hirer cannot get hold of will be void.4) The property should not perish or be consumed through its utilisation. Hence, it is not correct to give bread or fruits on lease.5) It should be possible to utilise the property for the purpose for which it has been given on lease. Hence, it is void to give a land on lease for farming, which cannot be cultivated or does not have sufficient water for irrigation.6) The item which a person gives on lease should be his own property or he should have authority on behalf of its owner in leasing it out.
Issue No.1859- It is in order to give a tree, farm, or a pasture on lease for utilising its fruit and grass, respectively.
Issue No.1860- A woman can be hired for her milk, and it is not necessary for her to get her husband’s permission. However, if her husband’s right is affected owing to her giving milk (to the child of another person), she cannot take up the job without the permission of her husband.
Issue No.1861- The benefits for which the property is given on lease carries four conditions:1) It should be halal. Hence, leasing out a shop or a car for the sale of alcoholic drinks or transportation of alcoholic drinks, respectively, is void.2) Paying money for such services should not be futile in the eyes of the public.3) If the item which is being leased out can be used in different ways, the use(s) for which the lessee is permitted should be specified. For example if an animal which can be used for riding or for carrying loads, is given on hire it should be specified whether the lessee may use it for riding or carrying loads, or for either uses.4) The period of lease or hire should also be specified.
Issue No.1862- If the time of commencement of a lease is not specified it commences after the recitation of the formula of lease or after taking possession of the property.
Issue No.1863- If a house is leased out, for example, 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 another lessee is in possession of the house at the time of reciting the formula.
Issue No.1864- If the lessor says to the lessee, “I have leased out this house to you for one month on a rent of £500.00, and so long as you stay in it thereafter the rent will be the same”, the lease will be in order only for the first month, because the rest has not been specified. However, if the first month is not specified also, and he only says that the rent is £500.00 a month, the lease is completely void.
Issue No.1865- In hotels or guest houses where one does not know how long he is going to stay there and he settles with the landlord that he will, for example, pay £10.00 per night as rent and the landlord also agrees to it, there is no problem in using the house. However, as the period of the lease has not been specified, the lease is not in order. Hence, as long as the landlord is agreeable to his stay, he can stay there; otherwise he will not have any right. Nevertheless, if the number of nights is specified from the beginning, he has the right to stay there until the end of the period.
Issue No.1866- If a land is given on lease for growing wheat or barley or any other crop and the wheat or the barley or other products that will be produced from that land is treated as its rent, the lease contract will not be in order.
Issue No.1867- If a person has leased out something he cannot claim its rent until he has delivered it to the other party, and in case a person is hired to perform an act, he cannot claim wages until he has performed that act.
Issue No.1868- It is recommended that a person’s wages be given to him before his perspiration dries. However, if the worker himself does not want to take his wage and he wants, for example, to be paid monthly, there would be no problem.
