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Lesson leasing
It is a contract for a job, or for a known permissible benefit from a known asset or described in the trust, for a known period of time, for a clearly defined compensation.
The Ruling of leasing in the Islamic legislation
Leasing is permissible and is indicated by the Quran, the Sunnah, and consensus. However, it is a necessary contract from both parties if it is completed, and every word is implemented based on whatever it indicates, such as your wages, debts, and what is customary.
Evidence for the Permissibility to Lease
Allah says: (One of them said, “Father, hire him. Indeed, the best of whom you hire is the strong and trustworthy".) [Al-Qasas:26]
Aisha (may Allah be pleased with her) said: "Allah's Messenger ﷺ and Abu Bakr hired a man from the tribe of Bani-Ad-Dil as an expert guide who was a pagan (follower of the religion of the pagans of Quraish). The Prophet ﷺ and Abu Bakr gave him their two riding camels and took a promise from him to bring their riding camels in the morning of the third day to the Cave of Thaur." (Al-Bukhari, 2264)
The Wisdom of the Legality of Leasing
Leasing brings many benefits to people in their livelihood. They need masters of crafts to work, houses to live in, shops to buy and sell, animals, cars, machinery, etc., to carry, ride and benefit from, and many people cannot buy these things, so the legalization of leasing expands and facilitates for people, and helping them to fulfill their needs with a small amount of money with the benefit of both parties. All praise be to Allah.
Types of Lease
Types of Wages
Private Hire
Someone who another person hires for a specific period to work for him, so it is not permissible for him to work for someone other than the one who has hired him. If he works for someone else during this period, his wages will be reduced in proportion to his work. However, he is entitled to the salary if he presents himself and performs the work. He is entitled to the total wage if the hirer cancels the lease before the completion of the period unless there is an excuse such as illness or disability, in which case he is entitled to the wage for the period in which he worked only.
The one whose benefit is shared by more than one person, like the blacksmith, the plumber, the painter, and the tailor. On the other hand, if he is self-employed and accepts the work of those who ask him for it, then the one who hired him cannot prevent him from working for others, and he is not entitled to wages except by working.
Fundamental rules for a lease contract
Those Under Contract
Refers to the parties of the contract (those involved in the hiring) who have the right to offer and accept.
I.e. The offer and acceptance, and any act that proves the legal or customary format to be in effect.
Benefit Received in Any Given Contract
What is intended is the leasing/hiring contract; whether it is benefit from a human being, an animal, or any given commodity, then upon that the contract is based.
The compensation that is given in return for the benefit received from either an object or a person, corresponding to the amount in the contract.
Terms for the Validity of the Lease
The Time the Fee is Payable
The rent is due per the contract and must be delivered after the lease term expires.
And if both parties agree to expedite, postpone, or pay by installments, it is permissible, and the employee deserves his wages if he completes his work well.
If the lease is on a leased thing, the payment is due after receiving the benefit. Abu Hurayrah (may Allah be pleased with him) reported Allah's Messenger as saying that Allah has said, «There are three whose adversary I shall be on the day of resurrection: A man who gave a promise in my name then acted faithlessly; a man who sold a free man and enjoyed the price he received for him; and a man who hired a servant and, after receiving full service from him, did not give him his wages.» (Al-Bukhari, 2227)
Cases of Termination of a Lease
The lease is not annulled by the death of one of the parties, nor by the sale of the leased thing, and whoever was hired for a private business and then dies, the lease is annulled. When the lease term expires, the hiring person hands over the leased thing to the owner if it is movable.
