If the lease is deemed terminated upon the death of the lessor, how is the prepaid rent (*Ujrah*) handled?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the lessor had collected the entire rent payment and the prevailing opinion is that the lease is terminated, the party to whom the Waqf subsequently transfers has the right to take the prepaid rent. The tenant must then seek reimbursement from the estate of the deceased lessor for the portion of the rent corresponding to the unexpired term.
Supporting text
If the prevailing opinion is that the lease is not terminated, the successor to the Waqf must seek repayment from the deceased's estate only for the portion of the rent corresponding to the time remaining under the lease agreement, based on their right over the remaining usufruct.