Is it required for the term of a lease (ijarah) to immediately follow the contract?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 1 · Bab 1

Open in Qurani

Primary text

The term of the lease is not required to immediately follow the contract. A contract for a future period, such as leasing a property for the year 5 while the current year is year 3, or leasing the month of Rajab while currently in Muharram, is valid. This is the position held by Abu Hanifa. The evidence supports this because the contract is valid upon a duration that allows for the contract even when combined with other durations, thus it is valid when stipulated alone. The ability to hand over possession is only required at the time possession is due, similar to a *salm* (forward sale), not at the time of the contract. There is no distinction between whether the leased item is currently occupied or not.

Supporting text

Al-Shafi'i holds that it is not valid unless the tenant hires the property that is already under their lease, in which case there are two opinions. This view likens the situation to leasing a usurped property because delivery cannot be made immediately.