the endowed property to someone to whom he may not lawfully hand it over, and allowing him to use it without a stipulated rent. There is no dispute that the trustee has no right to do this. Moreover, this amounts to an admission that the tenant is not liable for the stipulated rent, but only for the fair rental value. The fair rental value is often less than the stipulated rent, so this constitutes an admission that he is liable for the loss he has caused the endowment’s beneficiaries. If the trustee claimed that the lease was invalid while the tenant maintained that it was valid, the statement of the party asserting its validity would prevail, since contracts between Muslims are presumed valid. And Allah knows best.
He—may Allah be pleased with him—was also asked:
A man works as a weigher using a qabbān (weighing balance), and takes his fee from those for whom he weighs goods. Is this permissible for him? Is the fee lawful or unlawful?
He replied:
Praise be to Allah. Weighing with an accurate qabbān balance is like weighing with any other scales. If the weigher uses these accurate instruments fairly, his weighing is permissible. If the instrument is faulty and the weigher gives short weight, he is among the wrongdoers and transgressors.
If he weighs fairly and takes his fee from the person responsible for having the goods weighed, that is permissible.