He—may Allah have mercy on him—was asked:
About someone who rented premises from their administrators for a specified term at a specified rent. If he wished to be released from the lease, they would not release him before its term expired. May they accept a higher offer from someone else before his lease expires?
He replied:
If the lease is valid, it is binding on both parties by agreement of the Muslims. In these circumstances, the landlord may not evict the tenant because someone has offered a higher rent. Nor may he accept a higher offer over the tenant’s, by agreement of the imams.
If the lease is invalid, the endowment’s trustee may not allow the tenant to take possession of the premises under such a lease. Nor may he prevent him from leaving if he wishes, or demand the rent specified in the contract. The trustee’s entering into such an arrangement would call into question both his integrity and his trusteeship. By agreement of the imams, he must lease the premises only under a contract valid according to Islamic law. Likewise, by agreement of the imams, once he has leased them under such a contract, he must not accept a higher offer over the tenant’s or evict him on that account.
As for the person who offered more than the tenant, if he made a higher offer after the landlord had become favourably disposed