Book on House Leases

Leasing means purchasing a right of use. It is therefore a type of sale, subject to the same conditions of permissibility and prohibition as sales. It may not involve undue uncertainty or unspecified terms.

Leasing houses and residential properties is permissible according to all scholars, for any specified rent. It takes two forms: first, the parties conclude a lease for a specified, known term; second, they name and agree upon the rent without binding themselves to a specified, known term.

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As for the first form—concluding a lease for a specified, known term—this is permissible with immediate or deferred payment, whether the lessee takes possession of the house immediately or only after a delay of up to one year. Ibn Habīb said: “Or two years, as with sales, since houses are safe from loss.” If possession is deferred beyond that, there is no objection to the lease, provided payment is not made in advance.

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When a lease is concluded for a specified, known term, it binds both parties, and the lessee may not