Hiring, Renting, and Lease: Ruling on Responsibility for Paying Sarqoflī After Multiple Tenant Transfers

Practical Laws of Islam as per the teachings of Imam Khamenei

Hiring, Renting, and Lease: Ruling on Responsibility for Paying Sarqoflī After Multiple Tenant Transfers

English:

Question #1667:

We bought some property consisting of a residential accommodation and a shop. The shop was leased to a person alongside the right of sarqoflī. However, sarqoflī of the shop changed hands among a number of tenants. Do we have to pay the present tenant sarqoflī if we ask him to vacate the shop after the expiry of the lease? If not, is it obligatory on the previous landlord, or the previous tenant who got it, to pay?

Answer #1667:

After the present tenant has become entitled to sarqoflī in a shar‘ī manner, it falls on the shoulders of whoever is going to buy it from him to pay sarqoflī to him.

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