then he must either own it or stand in the owner’s place. There are four such persons: the legal guardian, the executor, the agent, and the trustee of an endowment.
If someone leases out property belonging to another, the lease is invalid. If the owner of the property approves of it, then, according to the madhhab, it is still invalid, on the basis that an unauthorized person’s transaction is invalid.
The second view is that it is valid, and this is the stronger view. Thus, if a person knows that his companion wishes to lease out his house, and some people come wanting to rent it while the owner of the house is absent, but the owner’s companion is present and leases it to them, then the owner approves of it, the correct view is that the lease is valid. This is because the basic reason why a contract concerning another person’s property does not take effect is to protect that person’s right; if he approves, he has waived his right.
His statement: “It is permissible to lease out the property to someone who takes his place” means that it is permissible for the lessee to sublease it to someone else. For example, a man rents a house for one year, then another person comes to him and says, “Lease it to me for the remainder of your rental term.” If he leases it to him, there is nothing wrong with that. The lessee who subleases it to someone else owns the benefit, and a lease contract pertains to the benefit, not to the property itself. Thus, if you rent something and then lease it to someone else, the sublease is valid. However, the author stipulated:
“Not to someone whose use is more harmful than his own.” That is, the person to whom the lessee subleases must take the place of the original lessee, but must not cause greater harm. If his use is more harmful, then the lessee has no right to sublease it to him. An example is a man who rents a shop for selling jewelry, after which another jeweler comes and rents it from him for the duration of his lease. This is permissible, because the second person takes the place of the first.