Is it permissible for the lessee to sublease the property to a third party before taking possession from the original lessor?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 3 · Bab 1

Open in Qurani

Primary text

There are two views regarding subleasing to a third party before possession. The established view, held by Abu Hanifa and the renowned opinion of al-Shafi'i, states it is impermissible because usufructs are owned through a contract of exchange, thus requiring possession for the validity of the contract, similar to physical assets. The second view permits it because possession of the asset does not transfer the guarantee to the lessee, so the validity of disposition should not depend on it.