What is the right of the buyer concerning the object sold while it is under a pre-existing lease?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 2 · Bab 1

Open in Qurani

Primary text

The buyer acquires ownership of the sold object, but with its usufruct nullified until the lease expires. The buyer is entitled to take possession of the object only upon the termination of the lease, because the purpose of possession is to utilize its benefits, which are only due to the buyer once the lease period concludes. This situation is likened to buying an item located in a distant place, where the right to delivery is postponed until a time sufficient for its transportation, just as the recipient of *Salm* cannot demand the item before its specified delivery time.