Endowment: Sarqoflī Claim on a Property Later Proven to Be Endowed

Practical Laws of Islam as per the teachings of Imam Khamenei

Endowment: Sarqoflī Claim on a Property Later Proven to Be Endowed

English:

Question #2037:

A few years ago, a person leased a business property that was half built. The tenant paid the landlord sarqoflī. He then finished building the property with money from the rent of the property with the permission of the landlord. During his tenancy, the tenant bought from the landlord half of the property. The sale was officially registered. The landlord now claims that the property was an endowment. The trustee is demanding the payment of sarqoflī again. How do you adjudge the matter?

Answer #2037:

If it is proved that the land on which the property was built is an endowment, or that the tenant admitted that, all the concessions conceded by the so-called landlord should no longer be binding. Indeed, it is obligatory to sign up to a new contract with the shar‘ī trustee so that the tenant could continue making use of the said property. The tenant can demand the so-called landlord to pay him back.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Endowments