What is the ruling if the lessee stipulates paying for necessary maintenance (*infaq*) typically obligatory upon the lessor, such as bathhouse repairs?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the lessee stipulates taking responsibility for the maintenance normally obligatory upon the lessor, such as bathhouse repairs, the condition is void (*fasid*) because the property belongs to the lessor, and its maintenance is their responsibility. If the lessee spends on repairs based on this stipulation, they are compensated by the lessor because they spent on the lessor's property under a condition of compensation. If they dispute the amount spent, the statement of the lessor prevails because the lessor is the denier.
Supporting text
If the lessee spends without a stipulation but with the lessor's permission to deduct it from the rent, and a dispute arises over the amount, the lessor's statement also prevails. If the lessee spends without permission, they do not receive reimbursement because they spent on the owner's property without authorization for maintenance not obligatory upon the owner, similar to building upon another person's house.