Hiring/Renting: Conditions for the Lessor and Lessee
Practical Laws of Islam as per the teachings of Ayatullah Sistani
Ruling 2183
A person who gives something on rent (muʾjir) and a person who takes something on rent (mustaʾjir) must be of the age of legal responsibility (bāligh) and sane (ʿāqil). They must also enter into the rental agreement of their own volition (ikhtiyār) and have right of disposal over their property. Therefore, someone who is foolish with finances (safīh)[281] cannot rent anything nor give anything on rent as he does not have right of disposal over his property. Similarly, someone who has been proclaimed bankrupt (mufallas) cannot give on rent any property over which he does not have disposal, nor can he rent anything with that property. However, he can give himself on hire [as a worker].
-Ayatullah Sistani, Practical Laws of Islam, Hiring/Renting (Ijarah)1
The term ‘ijārah’ and its derivatives are translated in different ways in English depending on the context. For example, when ‘ijārah’ is used in the context of a property transaction, it is usually translated as ‘renting’ or ‘leasing’ and the parties involved are termed ‘landlord’ and ‘tenant’ or ‘lessor’ and ‘lessee’. But when ‘ijārah’ is used for the services of people, it is usually translated as ‘hiring’ and the two parties are termed ‘hirer’ and ‘hiree’ or ‘hired’.