Is it permissible for a lessee (tenant) to sublease the rented property?
General Chapter
Al-Mughni
Book of Leasing
Primary text
It is permissible for the lessee to sublease the property for the same rent or with an increase in rent. Ahmad explicitly stated this ruling. This view is narrated from 'Ata, Al-Hasan, and Al-Zuhri. It is the position of Al-Shafi'i, Abu Thawr, and Ibn al-Mundhir. The justification is that the contract allows for the principal amount (original rent), so an increase is also permissible, similar to selling a purchased item after taking possession. Furthermore, the usufruct (benefit) has entered his guarantee to some extent, as if the benefit were lost before full utilization, it would be his liability. The analogy to profiting from food before taking possession is invalid because selling food before possession is entirely forbidden, whereas subleasing is permissible in general.
Supporting text
A narration from Ahmad states that if the lessee makes an addition or improvement to the property, it is permissible for him to sublease it for an increase. If he makes no addition, the increase is not permissible, and if he takes it, he must give the excess amount in charity. This view is narrated from Al-Sha'bi and held by Al-Thawri and Abu Hanifah. Their reasoning is that this constitutes profiting from something that is not guaranteed, based on the Prophet's prohibition against profiting from what is not guaranteed, similar to profiting from food before receiving it. They argue that if the benefit is in exchange for the lessee's work, it differs from the prohibition.