What is the ruling on an ongoing lease (*ijarah*) executed by the beneficiary of a Waqf (endowment) who passes away before the lease term concludes?
General Chapter
Al-Mughni
Book of Leasing
Primary text
When the beneficiary of a Waqf leases the endowed property for a fixed term and subsequently dies, leading the property rights to transfer to the next designated beneficiary, there are two main scholarly positions. The first position holds that the lease does not terminate because the lessor acted within the scope of his authority during his tenure, similar to how a free owner's lease does not become void upon his death. This view implies the lease remains valid for the remainder of the term.
Supporting text
The second position dictates that the lease terminates for the remaining duration. This is because the lease covered the lessor's property as well as the property of another (the subsequent beneficiary). Therefore, the contract is valid only for the portion pertaining to the lessor's right, mirroring a situation where one leases two houses, one belonging to him and the other to someone else. Since the usufruct (benefit/usufruct) after death belongs to the succeeding party, the prior contract cannot be enforced upon it without their ownership or authority. The beneficiaries of the second generation of the Waqf possess rights originating from the endower; thus, the lessor's act conflicts with their ownership without their permission or his authority over them. This difference in opinion regarding the termination of the lease is attributed to the school of thought of Al-Shafi'i.