May a lessee of property for residence allow others to inhabit it?
General Chapter
Al-Mughni
Book of Leasing
Primary text
A lessee who rents a property for dwelling has permission to reside therein himself and to allow anyone who causes equivalent or lesser damage to reside with him. He may also place necessary items associated with habitation, such as furnishings, food, and clothing for storage, provided these do not cause damage. This opinion is held by Al-Shafi'i and his companions, and no known dissent exists. This permission is granted because the lessee has the right to utilize the contracted benefit either personally or through his representative (who is the sub-tenant in utilizing the benefit).
Supporting text
The lessee is prohibited from using the dwelling for purposes causing damage, such as operating facilities like fulleries or blacksmith shops, or housing animals that produce filth, or storing manure or mills. Placing excessive weight upon the roof, which risks breaking the structure, is also forbidden unless stipulated otherwise. A potential opposing view suggests that storing grain might be impermissible because it could lead to fire damage to the floor and walls, which is a harm the landlord would not agree to, though the prevailing view among the scholars is that it is permissible as long as storage is generally permitted.