Aḥmad said in the report transmitted by Abū al-Ḥārith:

“I do not deem it proper for a man to sell his house to an unbeliever who will blaspheme against God in it; selling it to a Muslim is preferable to me.”

Abū Bakr commented:

“In his (Aḥmad’s) view there is no difference between leasing and selling: if he allows the sale, he allows the lease; and if he forbids the sale, he likewise forbids the lease.”

He (Abū Bakr) also said, regarding Christians who have endowed an estate for their church:

“A Muslim man must not lease it from them, for that would be assisting them in what they are engaged in.”

He added, “This is also the position of al-Shāfiʿī.”

Thus the Qāḍī declared it unlawful to lease the property to someone known to sell wine in it, citing as proof Aḥmad’s statements that one must neither sell the property to an unbeliever nor rent out a church endowment. This, in his view, shows that the prohibition in both cases is one of outright illegality.

The Qāḍī then said in the course of the discussion:

“If it is asked, ‘Did not Aḥmad permit leasing it to a dhimmī, even though he knew they would do such things in it?’ the answer is: what is transmitted from Aḥmad is that he merely quoted Ibn ʿAwn’s view and expressed amazement at it. The Qāḍī also cited the narration of al-Athram, and this implies that, according to the Qāḍī, leasing it to a dhimmī is impermissible.”

Abū Bakr likewise stated:

“Whenever he permits, he permits; and whenever he forbids, he forbids; and whatever is not permissible is unlawful.”

Accordingly, the words of Imām Aḥmad—may Allah have mercy on him—can be understood in either sense, for in one report he says