leave before the term expires, the landlord may not evict him before its expiry, whether because he receives a higher offer during the term or for any other reason. This applies whether the property is an endowment or unrestricted private property, and whether it belongs to an orphan or anyone else. This is the position of the four imams and other leading Muslim scholars. None of the imams held that an unqualified lease could bind the tenant without binding the landlord, whether it concerns an endowment, an orphan’s property, or anything else. Even if a later scholar departs from this and reports disagreement over some aspect of it, the imams’ agreement predates him.

Allah Most High has commanded the fulfilment of contracts and covenants. The Prophet, may Allah bless him and grant him peace, said:

“On the Day of Resurrection, a banner will be raised by the backside of every betrayer, proportionate to his betrayal.”

He also said:

“Whoever possesses four traits is a complete hypocrite, and whoever possesses one of them has a trait of hypocrisy until he abandons it: when he speaks, he lies; when entrusted, he betrays the trust; when he makes a covenant, he breaks it; and when he disputes, he transgresses all bounds.”

If the administrator tells the prospective tenant, “I will draw up a lease for you; take up residence,” he has thereby leased the property to him. If he has not leased it to him, he is not permitted to hand the property over to him, for he would then have handed over the endowment and the orphan’s property in an impermissible manner, thereby committing a wrong and incurring liability.

If the occupant had not rented the property, he would be entitled to leave whenever he wished, and he would be a usurper. He would not owe the stipulated rent, but rather the fair rental value of the use he had enjoyed, according to one of the two scholarly opinions. According to those who hold that no compensation is owed for the use of usurped property, no compensation would be due