<![CDATA[Shia Islam]]>https://www.shia-islam.orghttps://substackcdn.com/image/fetch/$s_!kerb!,w_256,c_limit,f_auto,q_auto:good,fl_progressive:steep/https%3A%2F%2Fsubstack-post-media.s3.amazonaws.com%2Fpublic%2Fimages%2Ffe1ed7a9-c73a-4269-b788-dc5f43de5987_1024x1024.pngShia Islamhttps://www.shia-islam.orgSubstackTue, 18 Aug 2026 02:09:18 GMT<![CDATA[Hiring/Renting: Discovering an Invalid Rental Agreement]]>https://www.shia-islam.org/p/hiringrenting-discovering-an-invalidhttps://www.shia-islam.org/p/hiringrenting-discovering-an-invalidMon, 17 Aug 2026 16:14:21 GMT

Ruling 2208

If after the end of the rental period it becomes apparent that the rental agreement was invalid, the lessee must pay the owner of the property the standard rate for that property (ujrat al‑mithl). For example, if a person gives a house on rent for a year for £10,000 and later finds out that the rental agreement was invalid, in the event that the rent for that house is normally £5,000, the lessee must pay him £5,000. And if the standard rate is £20,000, in the event that the lessor was the owner of the property or an agent who had the authority to specify the rent and knew the normal price of the house, it is not necessary for the lessee to pay more than £10,000; otherwise, he must pay £20,000. Furthermore, if after the passing of some of the rental period it becomes apparent that the rental agreement was invalid, the same rule (ḥukm) applies to the fee in relation to the period that has passed.

-Ayatullah Sistani, Practical Laws of Islam, Hiring/Renting (Ijarah)

]]><![CDATA[Hiring/Renting: Paying the Fee When a Hired Person is Ready to Work]]>https://www.shia-islam.org/p/hiringrenting-paying-the-fee-whenhttps://www.shia-islam.org/p/hiringrenting-paying-the-fee-whenMon, 17 Aug 2026 16:12:18 GMT

Ruling 2207

If a person is hired to perform a task on a particular day and he shows up to perform that task on that day, the person who hired him must pay him even if he chooses not to give that task to him. For example, if a person hires a tailor to stitch some clothes on a particular day and on that day the tailor is ready to perform that task, he must pay him his fee even if he does not give him the cloth from which to tailor the clothes, or the tailor remains without work that day, or he does his own or somebody else’s work.

-Ayatullah Sistani, Practical Laws of Islam, Hiring/Renting (Ijarah)

]]><![CDATA[Hiring/Renting: Paying Rent When the Leased Item is Handed Over]]>https://www.shia-islam.org/p/hiringrenting-paying-rent-when-thehttps://www.shia-islam.org/p/hiringrenting-paying-rent-when-theMon, 17 Aug 2026 16:09:49 GMT

Ruling 2206

Whenever a lessor hands over the leased item, the lessee must pay its rent even if he does not take possession of it [because, for example, he had gone away at that time,] or he takes possession of it but does not use it to the end of the rental period.

-Ayatullah Sistani, Practical Laws of Islam, Hiring/Renting (Ijarah)

]]><![CDATA[Hiring/Renting: Claiming the Rental Payment or Fee]]>https://www.shia-islam.org/p/hiringrenting-claiming-the-rentalhttps://www.shia-islam.org/p/hiringrenting-claiming-the-rentalMon, 17 Aug 2026 16:03:27 GMT

Ruling 2205

A person who has given something on rent cannot claim the rental payment before handing over the rented item. Similarly, if a person has been hired to perform a particular task, he cannot claim his fee before performing the task except when it is normal for the fee to be paid in advance, such as when one is hired to perform hajj.

-Ayatullah Sistani, Practical Laws of Islam, Hiring/Renting (Ijarah)

]]><![CDATA[Hiring/Renting: Setting the Rent as the Produce of the Land]]>https://www.shia-islam.org/p/hiringrenting-setting-the-rent-ashttps://www.shia-islam.org/p/hiringrenting-setting-the-rent-asMon, 17 Aug 2026 15:59:59 GMT

Ruling 2204

If a person gives some land on rent for farming and sets its rent to be the produce of the very same land or another land, but the produce is non-existent at that moment, the rental agreement is not valid. The same applies [i.e. the rental agreement is not valid] if he sets the rent to be a general responsibility [on the lessee to pay] on condition that the rent is paid from the produce of the very same land. However, there is no objection if the produce is existent.

-Ayatullah Sistani, Practical Laws of Islam, Hiring/Renting (Ijarah)

]]><![CDATA[Hiring/Renting: The Property by Which Rent is Paid]]>https://www.shia-islam.org/p/hiringrenting-the-property-by-whichhttps://www.shia-islam.org/p/hiringrenting-the-property-by-whichSun, 16 Aug 2026 00:09:53 GMT

Ruling 2203

The property by which the lessee pays rent must be known. Therefore, if the property is something that is transacted by weight, such as wheat, then its weight must be known. If it is something that is transacted by count, such as modern currencies, its count must be known. And if it is something like horses and sheep, the lessor must see them for himself or the lessee must describe their particulars to him.

-Ayatullah Sistani, Practical Laws of Islam, Hiring/Renting (Ijarah)

]]><![CDATA[Hiring/Renting: Renting a House to Travellers for an Unknown Period]]>https://www.shia-islam.org/p/hiringrenting-renting-a-house-tohttps://www.shia-islam.org/p/hiringrenting-renting-a-house-toSun, 16 Aug 2026 00:06:48 GMT

Ruling 2202

With regard to a house in which travellers and pilgrims take residence and the length of their stay there is not known, if it is agreed that, for example, they will pay £50 a night and the owner of the house consents to this, there is no problem in their use of that house. However, as the rental period is unknown, the rental agreement is only valid with respect to the first night, and the owner can ask them to vacate the premises whenever he wishes.

-Ayatullah Sistani, Practical Laws of Islam, Hiring/Renting (Ijarah)

]]><![CDATA[Hiring/Renting: Renting on a Month-by-Month Basis]]>https://www.shia-islam.org/p/hiringrenting-renting-on-a-monthhttps://www.shia-islam.org/p/hiringrenting-renting-on-a-monthSun, 16 Aug 2026 00:04:59 GMT

Ruling 2201

If a person says to a lessee, ‘I have given the house on rent to you for £1000 a month’, or he says to him, ‘I have given the house on rent to you for one month for £1000; after that, for as long as you reside in the house, the rent will be £1000 a month’, then, as long as the beginning of the rental period is known, the rental agreement is in order for the first month.

-Ayatullah Sistani, Practical Laws of Islam, Hiring/Renting (Ijarah)

]]><![CDATA[Hiring/Renting: An Unknown Rental Period]]>https://www.shia-islam.org/p/hiringrenting-an-unknown-rental-periodhttps://www.shia-islam.org/p/hiringrenting-an-unknown-rental-periodSun, 16 Aug 2026 00:03:15 GMT

Ruling 2200

If the rental period is unknown and the lessor says, ‘Whenever you reside in the house its rent will be £1000 a month’, the rental agreement is not valid.

-Ayatullah Sistani, Practical Laws of Islam, Hiring/Renting (Ijarah)

]]><![CDATA[Hiring/Renting: Setting the Rental Period to Begin at a Future Date]]>https://www.shia-islam.org/p/hiringrenting-setting-the-rentalhttps://www.shia-islam.org/p/hiringrenting-setting-the-rentalSun, 16 Aug 2026 00:01:15 GMT

Ruling 2199

If a house is given on rent for a year, for example, and the beginning of the rental period is set to a month after the rental contract has concluded, the rental agreement is valid even if the house is being rented by someone else at the time of concluding the contract.

-Ayatullah Sistani, Practical Laws of Islam, Hiring/Renting (Ijarah)

]]><![CDATA[Hiring/Renting: The Beginning of the Rental Period]]>https://www.shia-islam.org/p/hiringrenting-the-beginning-of-thehttps://www.shia-islam.org/p/hiringrenting-the-beginning-of-theSat, 15 Aug 2026 20:51:45 GMT

Ruling 2198

If the beginning of the rental period is not specified, it will begin the moment the rental contract has concluded.

-Ayatullah Sistani, Practical Laws of Islam, Hiring/Renting (Ijarah)

]]><![CDATA[Hiring/Renting: Conditions for the Use of a Rented Property]]>https://www.shia-islam.org/p/hiringrenting-conditions-for-the-a6dhttps://www.shia-islam.org/p/hiringrenting-conditions-for-the-a6dSat, 15 Aug 2026 20:47:56 GMT

Ruling 2197

The use of the property which is given on rent must fulfil the following four conditions [for the rental agreement to be valid]:

1. The use must be lawful (ḥalāl). Therefore, if a property has only an unlawful (ḥarām) use, or if a condition is stipulated that the property must be used for an unlawful purpose, or if before the transaction (muʿāmalah) an unlawful use is specified and the transaction is carried out based on that, then in these cases, the transaction is invalid. Therefore, giving a shop on rent for the sale of wine or for storing wine, or hiring an animal for the transportation of wine, is invalid;

2. [In the case of hiring someone for a service,] the service must not be something that Islamic law deems obligatory (wājib) to perform free of charge. An example of this is, based on obligatory precaution, teaching rulings (masāʾil) on what is lawful and unlawful, if they concern matters that are commonly encountered. The same applies to the obligatory rituals of preparing a corpse for burial. And, based on obligatory precaution, it is a requirement that people must not consider paying for the service futile;

3. If the item given on rent is multi-purpose, the use that the lessee makes of it must be specified. For example, if an animal that is used for riding and transporting goods is given on rent, it must be specified at the time of the rental agreement whether the lessee will use the animal for riding, transporting goods, or both;

4. The extent of the use must be specified. This will either be in terms of length of time, as with renting a house and a shop, or in terms of action, as with agreeing with a tailor to stitch certain clothing in a particular manner.

-Ayatullah Sistani, Practical Laws of Islam, Hiring/Renting (Ijarah)

]]><![CDATA[Hiring/Renting: Hiring a Woman for Wet Nursing]]>https://www.shia-islam.org/p/hiringrenting-hiring-a-woman-forhttps://www.shia-islam.org/p/hiringrenting-hiring-a-woman-forSat, 15 Aug 2026 20:43:44 GMT

Ruling 2196

A woman can be hired for wet nursing, and it is not necessary for her to obtain her husband’s consent. However, if the act of wet nursing infringes on his rights, she cannot be hired without his consent.

-Ayatullah Sistani, Practical Laws of Islam, Hiring/Renting (Ijarah)

]]><![CDATA[Hiring/Renting: Giving a Tree on Hire for its Fruit or an Animal for its Milk]]>https://www.shia-islam.org/p/hiringrenting-giving-a-tree-on-hirehttps://www.shia-islam.org/p/hiringrenting-giving-a-tree-on-hireSat, 15 Aug 2026 20:41:03 GMT

Ruling 2195

Giving a tree on hire so that others can use its fruit when the tree is not currently bearing any fruit is valid. The same applies to giving an animal on hire for its milk.

-Ayatullah Sistani, Practical Laws of Islam, Hiring/Renting (Ijarah)

]]><![CDATA[Hiring/Renting: Conditions for the Property Given on Rent]]>https://www.shia-islam.org/p/hiringrenting-conditions-for-the-90chttps://www.shia-islam.org/p/hiringrenting-conditions-for-the-90cSat, 15 Aug 2026 20:13:08 GMT

Ruling 2194

Property that is given on rent must fulfil the following conditions [for the rental agreement to be valid]:

1. It must be specified. Therefore, if a person says, ‘I rent one of my houses to you’, it is not correct;

2. The person taking it on rent must see it. If it is not ready or it is described in general terms, the person giving it on rent must describe those particulars that affect one’s decision to rent it;

3. It must be possible to hand over. Therefore, giving on rent a horse that has run away is invalid (bāṭil) if the person taking it on rent cannot get hold of it. However, if he can get hold of it, it is valid;

4. Using the property must not result in it perishing or being destroyed. Therefore, giving on rent bread, fruit, or other food for eating is not valid;

5. The use for which the property is being hired must be possible. Therefore, it is not valid to give land on rent for farming when neither rainwater is sufficient for farming on that land nor is it irrigated by water from a river;

6. The lessor must own the usufruct for which the property is being given on rent. If he is neither the owner, the agent, nor the guardian (walī), it will only be valid if the owner consents to it.

-Ayatullah Sistani, Practical Laws of Islam, Hiring/Renting (Ijarah)

]]><![CDATA[Hiring/Renting: Subletting a Portion of a Rented Property]]>https://www.shia-islam.org/p/hiringrenting-subletting-a-portionhttps://www.shia-islam.org/p/hiringrenting-subletting-a-portionFri, 14 Aug 2026 19:54:52 GMT

Ruling 2193

If a person rents a house or a shop for one year for £10,000, for example, and he makes use of half of it himself, he can give the other half on rent for £10,000. However, if he wishes to give the other half on rent for an amount higher than what he rented it for, for example £12,000, he must do some work on it, such as making some repairs.

-Ayatullah Sistani, Practical Laws of Islam, Hiring/Renting (Ijarah)

]]><![CDATA[Hiring/Renting: Subletting Something Other Than a House, Shop, or Ship]]>https://www.shia-islam.org/p/hiringrenting-subletting-somethinghttps://www.shia-islam.org/p/hiringrenting-subletting-somethingFri, 14 Aug 2026 19:51:56 GMT

Ruling 2192

If a person rents something other than a house, shop, or ship – for example, he rents some land – and the owner does not stipulate a condition that only he must use it, then, if he gives it on rent for an amount that is higher than what he has rented it for, the validity of the rental agreement is problematic (maḥall al‑ishkāl) [i.e. based on obligatory precaution, it is not valid].[1]

-Ayatullah Sistani, Practical Laws of Islam, Hiring/Renting (Ijarah)

1

Ruling 2091 provides further clarification of this term: it refers to someone who spends his wealth in futile ways.

]]><![CDATA[Hiring/Renting: Hiring Out a Hired Person to Someone Else]]>https://www.shia-islam.org/p/hiringrenting-hiring-out-a-hiredhttps://www.shia-islam.org/p/hiringrenting-hiring-out-a-hiredFri, 14 Aug 2026 19:48:50 GMT

Ruling 2191

If a person who is hired to do something (ajīr) stipulates a condition that he will only work for the person who has hired him, he cannot be hired to someone else except in the way mentioned in the previous ruling. However, if he does not stipulate a condition [that he will only work for the person who has hired him], then the hirer can hire him to another person. However, what he gets for hiring him out must not be more than what he has agreed with him. The same applies if he himself is hired by someone and he then hires someone else to do the work for a lesser amount. However, if he does some of the work himself, he can hire someone else for a lesser amount.

-Ayatullah Sistani, Practical Laws of Islam, Hiring/Renting (Ijarah)

]]><![CDATA[Hiring/Renting: Subletting a Rented Property]]>https://www.shia-islam.org/p/hiringrenting-subletting-a-rentedhttps://www.shia-islam.org/p/hiringrenting-subletting-a-rentedFri, 14 Aug 2026 19:46:32 GMT

Ruling 2190

If a person leases a house, shop, or anything else, and the owner stipulates a condition that only he can use it, the lessee cannot sublet it to anyone else to use unless the new rental agreement is such that the use of the property is especially for the lessee, such as when a woman rents a house or a room and later gets married and gives the house or room on rent to her husband for her own residence there. But, if the owner does not stipulate a condition [that only the lessee can make use of it], then the lessee can sublet it to another person. When handing the property over to the second lessee, the first lessee must, based on obligatory precaution (al‑iḥtiyāṭ al‑wājib), obtain authorisation from the owner. However, if the first lessee wishes to give it on rent for a higher rental fee than what he has rented it for, then even though the payment may be in a different commodity, in the event that the property is a house, shop, or ship, he must do some work on it, such as making some repairs or doing some plastering, or he must have suffered a loss in looking after the property. And based on obligatory precaution, the additional rental fee must be commensurate with the work done or the loss suffered.

-Ayatullah Sistani, Practical Laws of Islam, Hiring/Renting (Ijarah)

]]><![CDATA[Hiring/Renting: Rental Agreement by a Person Unable to Speak]]>https://www.shia-islam.org/p/hiringrenting-rental-agreement-byhttps://www.shia-islam.org/p/hiringrenting-rental-agreement-byFri, 14 Aug 2026 19:44:19 GMT

Ruling 2189

If a person who is unable to speak conveys by sign that he has given some property on rent or he has rented some property, the rental agreement is valid.

-Ayatullah Sistani, Practical Laws of Islam, Hiring/Renting (Ijarah)

]]>