by paying its cultivation costs? There are two opinions on this as well. The apparent position of Ahmad’s school is that he may acquire it by paying its cultivation costs. As for leaving it in place at the customary rent, he is entitled to do so by agreement. If he alleges that the tenant knew the circumstances, but the tenant denies this, the tenant’s word is accepted upon his oath.
He—may Allah have mercy on him—was asked:
A man authorized his slave to lease a shop to someone, and the tenant then sublet it to another person. May the agent accept an increase in the shop’s rent or not? May he demand payment from the second tenant or not? If rent is wrongfully taken from the second tenant, may the tenant recover it from the person who took it or not?
If this slave acts on the principal’s behalf by leasing out his shops, collecting rent, and bringing claims concerning these matters before judges on his principal’s behalf, while his master knows of all this and approves it, is the master’s assertion that he never authorized him to be accepted? If the principal compels the second tenant to enter into a lease different from the first, is this second lease valid or not?
He answered:
Praise be to Allah, Lord of all worlds. In these circumstances, the principal has no right to lease the shop to anyone, whether at a higher rent or otherwise; nor does the first tenant have that right. The principal has no right to demand payment from the second tenant. If he takes the rent from him