Issue No.1841- A person who gives something to another person by way of compromise, should be mature and sane, and no one should have compelled him, and should have serious intention of making compromise, and he should also not be mentally incompetent (a person who uses his property wastefully), and he should not have been prevented by an Islamic judge from making use of his own property.
Issue No.1843- If a person wants to give up his claim from another person in exchange for something or for nothing by way of compromise, it will be in order in case the other side accepts it. However, if he wants to waive his claim or his right, the acceptance of the other party will not be necessary. And this is also a kind of compromise.
Issue No.1844- If a debtor knows the amount he owes, yet, he declares that he does not know, and his creditor does not know either so he makes compromise with the debtor for an amount less than what he owes him, it will not be in order, and the debtor will remain indebted to the creditor in respect of that extra proportion, unless the circumstances are such that even if the creditor had known the amount of debt, he would have made compromise for that very amount.
Issue No.1845- If two parties wish to make a compromise on two things of the same kind whose weight is known, the compromise will be in order if it does not entail usury. Therefore, the weight of one commodity should not be more than the other. If their weight is not known, and it is likely that one is more than the other, compromise is not allowed as an obligatory precaution.
Issue No.1846- A person who owes something to another who is supposed to get back the amount after a specified time, can compromise for a less amount, and get his money back sooner. For example, a creditor who expects to receive £1000.00 in six months relinquishes £100.00 of it with the consent of the debtor and gets the rest earlier.
Issue No.1847- A compromise contract can be revoked with the mutual consent of the parties involved. Moreover, if while concluding the agreement one or both of them are given the right to revoke the compromise, the person who possesses that right can revoke the compromise.
Issue No.1848- It was said in the rules of purchase and sale that the transaction could be revoked in eleven cases. A compromise can also be revoked in all these eleven cases, except in the case of khīyār al-majlis, khīyār al-ḥayawān and khīyār al-ta’khīr [1]. It means that after the compromise is concluded, and before they leave the place where the compromise was made, if one of the parties becomes remorseful, he will not have the right to revoke it. Similarly, in compromise on animals, he has no right to revoke the contract within three days. If a commodity is compromised for cash, but there is delay in the payment, the other party can revoke the compromise on the first day, and it is not necessary to wait for three days to pass.
Issue No.1849- A compromise can be revoked if the item received by means of compromise is defective and he was not aware of it. However, taking the difference of the price between the defective item and a sound one depends on the mutual consent of the two parties.
Issue No.1850- The lease contract is an agreement under which someone rents out himself or his property to someone else. The person who gives something on lease as well as the person who takes it on lease should be mature and sane, should conclude the agreement with intention and out of free will, and they should legally be allowed to utilize their properties. Hence, it would be invalid to enter a contract with a mentally incompetent individual who is not able to manage his/her properties properly and uses them wastefully.
Issue No.1850- The lease contract is an agreement under which someone rents out himself or his property to someone else. The person who gives something on lease as well as the person who takes it on lease should be mature and sane, should conclude the agreement with intention and out of free will, and they should legally be allowed to utilize their properties. Hence, it would be invalid to enter a contract with a mentally incompetent individual who is not able to manage his/her properties properly and uses them wastefully.
Issue No.1851- A person can become the agent of another person and rent out his property on his behalf. Similarly, the legal guardian of a minor can give his property on lease, provided that it is in his interest, and the obligatory precaution is that the period after his maturity [1] should not be included in the lease agreement unless the minor’s interest is not realized otherwise. In case the minor has no guardian, one should get the Mujtahid’s permission, and if he does not have access to a just Mujtahid or his representative, he should get the permission of a just believer who can observe the interest of the minor.
Issue No.1852- The formula for lease can be pronounced in Arabic, English or any other language. Therefore, it will suffice if the owner says to a person, “I have leased out that property of mine to you for such and such amount and for such a period of time,” and the other one says, “I have accepted it.” It is also sufficient if the owner gives his property to the lessee with the intention of leasing it out, and the lessee takes it.
