Is it necessary to specify the purpose of renting a house?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 1 · Bab 1

Open in Qurani

Primary text

The contract for renting a house is valid without explicitly mentioning the purpose of dwelling (sukna) or its specific conditions. This is the position held by Al-Shafi'i and the Ashab al-Ra'y (Hanafi school). The underlying rationale is that a house is inherently rented for dwelling, making the explicit mention redundant, similar to how the currency is omitted when the medium of exchange in a locality is already known. Furthermore, variations in the scope of dwelling are minor and do not require precise stipulation, as the potential harm does not significantly change based on the number of occupants, and such details are difficult to control. The practice defaults to the prevailing custom (Urf), as seen in matters like entering a public bath.

Supporting text

Abu Thawr ruled that the contract is invalid unless the renter specifies that he will dwell in it along with his family (A'iyali), arguing that the scope of dwelling varies. He suggests that if a person rents a house to dwell in, he cannot subsequently house a new wife there without such stipulation.