himself, because land varies: it may be saline, sandy, earthy, or rocky; it also differs in elevation and depression. No description can fully encompass it, so the lessee must see it with his own eyes.

Thus, the author’s statement, “except in the case of a house and similar property,” qualifies his words, “or description.” That is, in the case of a house and similar property, it is not permissible to lease it on the basis of a description; rather, it must be inspected.

However, there is a second view: that the lease is permissible, while the lessee retains the option to rescind it upon seeing the property. In other words, it is permissible to lease a house by description—by describing it to him completely, even by means of a plan—and he has the option when he sees it.

If someone asks, “If that is so, why not wait until he sees it?”

We reply: The benefit of our saying that it is valid and that he has the option upon seeing it is that, if another person comes and seeks to lease it from the owner, and we hold the lease to be valid, the second person has no right to lease it, since it has now been leased. The benefit belongs to the lessee immediately upon conclusion of the contract. But according to the view that it is invalid, the owner may lease it to another. Thus, if someone says, “Let us wait until he sees it,” we say: perhaps people have a strong demand for houses and apartments. This is one consideration.

Another consideration, from the legal perspective, is that every invalid contract is unlawful, because it is not in the Book of Allah. Every condition that is not in the Book of Allah is invalid. This is a general principle: all invalid contracts and conditions are unlawful to enter into and unlawful to stipulate, because that constitutes opposition to Allah, Exalted is He,