inherited, the ground rent is payable by the purchaser or heir, and they have no right to collect it from the seller or the deceased’s estate, according to the more evident of their two views.
He was asked:
A man rented an orchard for ten years and received the rental sum. He then died after five years of the term had elapsed, leaving five years remaining on the lease. He had heirs, who were evicted a year after his death. Is the owner permitted to terminate the orphans’ lease, or not?
He answered:
According to the vast majority of scholars, the lessor has no right to terminate the lease merely because the tenant has died. Some, however, hold that the rent owed by the tenant becomes immediately due upon his death and is collected from his estate; if he leaves no estate, the lessor may terminate the lease.
Others hold that the rent does not become immediately due if the heirs secure its payment with collateral or a guarantor. Rather, they must pay it to him as the deceased used to do. This is the more evident of the two views. And Allah knows best.