Section
Houses may be leased for a specified number of years. The limit is a period over which the house would not ordinarily deteriorate, and this varies according to the soundness of its construction. If it is leased for a period during which deterioration cannot be ruled out, the contract is valid, but advance payment is not permissible.
A lease concluded for a specified period is not terminated by the death of either party. There are, however, two opinions among the later jurists as to whether deferred rent becomes immediately payable upon the tenant’s death if he dies before completing his occupancy. These derive from a principle disputed among the earlier followers of Mālik—may Allah Most High have mercy on them.
The lease between the parties is terminated only when a rightful claimant establishes entitlement to the house or its leased benefits, or when the entire structure collapses. If part of it collapses, further distinctions must be made. Such collapse in a rented house falls into two categories: minor and extensive.
Minor collapse takes three forms. The first causes no inconvenience to the occupant and does not reduce the house’s rental value, as with parapets and the like. There is no disagreement that the tenant remains bound by the lease and receives no reduction in rent.
The second causes no inconvenience to the occupant but reduces the house’s rental value. He remains bound to occupy it, but his rent is reduced in proportion to the reduction in rental value unless the landlord repairs the damage. The landlord is not obliged to repair it. If the tenant remains silent and continues to occupy the house, he is entitled to no reduction.
The third causes inconvenience to the occupant without depriving him of any of the house’s uses, but requires repair, as with disrepair and the like. There are two opinions concerning this. The first, that of Ibn al-Qāsim, is that the landlord is not obliged to undertake repairs unless he chooses to do so. If he refuses, the tenant may choose either to remain at the full rent or to leave. If he remains silent and continues to occupy the house, he owes the full rent. The second opinion, held by another jurist, is that the landlord is obliged to undertake repairs. If the tenant remains silent and continues to occupy the house, he owes the full rent.
As for cases where the collapse is