Is it valid to stipulate that the tenant of a bathhouse or similar property bears the cost of idleness during a period of necessary closure?
General Chapter
Al-Mughni
Book of Leasing
Primary text
It is not permissible to stipulate that the lessee bears the responsibility for the period the property is unusable due to necessary closure, as it is invalid to lease a period during which full utilization is impossible. Furthermore, it is not permissible to stipulate that the lessee may utilize the property for the equivalent period after the lease term concludes because this renders the termination date of the lease indefinite (unknown). If the idleness occurs without a prior stipulation, it is considered a new defect, and the lessee has the option to either keep the property and pay the full rent or to rescind the contract.
Supporting text
It is also derivable that the lessee is entitled to compensation for the defect (*arsh al-'ayb*), by analogy with a defective item sold. If the defect is not known until the lease period ends, the lessee owes the full rent because the contracted object has been fully utilized, similar to one who knew of a defect after contracting and accepted it.