Is it permissible for a lessee to sublease the rented property after taking possession of it?
General Chapter
Al-Mughni
Book of Leasing
Primary text
It is permissible for the lessee to sublease the rented property immediately after taking possession of it. This is the opinion of Ahmad, Sa'id ibn al-Musayyib, Ibn Sirin, Mujahid, 'Ikrimah, Abu Salamah ibn 'Abd al-Rahman, al-Nakha'i, al-Sha'bi, al-Thawri, al-Shafi'i, and the Ahl al-Ra'y. The justification is that taking possession of the physical property substitutes for taking possession of the usufructs, evidenced by the fact that disposition over the property is permissible, hence contracting regarding it is permissible, similar to selling fruit while it is still on the tree.
Supporting text
A dissenting view holds that subleasing is impermissible because the Prophet (peace be upon him) prohibited profiting from what one has not guaranteed, and usufructs are not within the lessee's guarantee. Furthermore, it is analogous to selling measured or weighed goods before receiving them, as it is a contract over something not yet in one's guarantee.