Hiring, Renting, and Lease: Does a Muṣālaḥah Transfer Include the Right of Sarqoflī?

Practical Laws of Islam as per the teachings of Imam Khamenei

Hiring, Renting, and Lease: Does a Muṣālaḥah Transfer Include the Right of Sarqoflī?

English:

Question #1661:

In his lifetime, the testator gave me his share in a hotel and its furnishings including superstructure and rights by way of muṣālaḥah. Does this muṣālaḥah include the right to its sarqoflī?

Answer #1661:

If he had such a right and the muṣālaḥah included all that he owned as far as the hotel is concerned, including superstructure and rights, the right of sarqoflī is included in the muṣālaḥah as well.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Hiring, Renting, and Lease