He replied:

If the second occupant leased the premises from someone who had no authority to lease them, while a valid lease remained in force, his lease is invalid. His possession is unlawful, and he is liable to eviction and removal.

If the second occupant leased the property and took possession while the first lessee’s lease remained in force, the first lessee has two options. He may rescind the lease, whereupon his liability for rent ceases from the time of rescission, and pursue a claim against the owners concerning their leasing the premises to this second occupant who has taken possession. They are to demand the customary rent from him if his lease is invalid; if it is valid, they are to demand that he rescind it. Alternatively, the first lessee may maintain his lease, pay the owners their rent, and demand the customary rent from the usurper from the time he took possession of the leased property.

He—may Allah have mercy on him—was asked:

A share in some shops was endowed for the benefit of a group of people, while another portion was endowed for another cause and belonged to others. The aforementioned founder stipulated that administration should belong to the eldest; if several were equal in age, they would share its administration.

The endowed property began to fall into ruin, so they leased it to the owners of the remaining share for thirty years, with part of the rent payable immediately and part deferred. They specified for the witnesses to the lease everything contained in the shops: timber, reeds, palm branches and walls, their length and breadth, and other particulars.

The witnesses recorded in the lease:

“So-and-so and so-and-so—the other two previously mentioned—acknowledged receiving the rent payable immediately in full; and those of the same rank.”

The lessee died, and there passed