follow up to Ref-No#: 1079

October 17, 2018
Answered by Mufti Ismail Moosa
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Question

With reference to my earlier question 1079, one solution given is that sign the rental contract first, and then sales contract, but how can i sign the rental contract and lease to someone , when i do not own that asset ?. Isnt the proper way to buy first and then rent out.

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Answer

Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,

The contract you sign on the rental is subjective; meaning IF you buy the property the property, you will lease it out. It is not a present transaction, but rather a  promise for the future. Thus, the rental agreement is suspended on the purchase of the property. No sale is taking place before ownership, but rather just a commitment.

And Allah subhanahu wa ta’ala knows best.

Answered by: Mufti Ismail Moosa