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CONDITIONS RELATING TO THE USE OF THE PROPERTY WHICH IS GIVEN ON RENT →
← CHAPTER THIRTEEN » Hiring/Renting (Ijārah)[1]
CONDITIONS FOR PROPERTY GIVEN ON RENT
Ruling 2194. Property that is given on rent must fulfil the following conditions [for the rental agreement to be valid]:
1. it must be specified. Therefore, if a person says, ‘I rent one of my houses to you’, it is not correct;
2. the person taking it on rent must see it. If it is not ready or it is described in general terms, the person giving it on rent must describe those particulars that affect one’s decision to rent it;
3. it must be possible to hand over. Therefore, giving on rent a horse that has run away is invalid (bāṭil) if the person taking it on rent cannot get hold of it. However, if he can get hold of it, it is valid;
4. using the property must not result in it perishing or being destroyed. Therefore, giving on rent bread, fruit, or other food for eating is not valid;
5. the use for which the property is being hired must be possible. Therefore, it is not valid to give land on rent for farming when neither rainwater is sufficient for farming on that land nor is it irrigated by water from a river;
6. the lessor must own the usufruct for which the property is being given on rent. If he is neither the owner, the agent, nor the guardian (walī), it will only be valid if the owner consents to it.
Ruling 2195. Giving a tree on hire so that others can use its fruit when the tree is not currently bearing any fruit is valid. The same applies to giving an animal on hire for its milk.
Ruling 2196. A woman can be hired for wet nursing, and it is not necessary for her to obtain her husband’s consent. However, if the act of wet nursing infringes on his rights, she cannot be hired without his consent.
CONDITIONS RELATING TO THE USE OF THE PROPERTY WHICH IS GIVEN ON RENT →
← CHAPTER THIRTEEN » Hiring/Renting (Ijārah)[1]
1. it must be specified. Therefore, if a person says, ‘I rent one of my houses to you’, it is not correct;
2. the person taking it on rent must see it. If it is not ready or it is described in general terms, the person giving it on rent must describe those particulars that affect one’s decision to rent it;
3. it must be possible to hand over. Therefore, giving on rent a horse that has run away is invalid (bāṭil) if the person taking it on rent cannot get hold of it. However, if he can get hold of it, it is valid;
4. using the property must not result in it perishing or being destroyed. Therefore, giving on rent bread, fruit, or other food for eating is not valid;
5. the use for which the property is being hired must be possible. Therefore, it is not valid to give land on rent for farming when neither rainwater is sufficient for farming on that land nor is it irrigated by water from a river;
6. the lessor must own the usufruct for which the property is being given on rent. If he is neither the owner, the agent, nor the guardian (walī), it will only be valid if the owner consents to it.
Ruling 2195. Giving a tree on hire so that others can use its fruit when the tree is not currently bearing any fruit is valid. The same applies to giving an animal on hire for its milk.
Ruling 2196. A woman can be hired for wet nursing, and it is not necessary for her to obtain her husband’s consent. However, if the act of wet nursing infringes on his rights, she cannot be hired without his consent.