Is a sale valid if the tenant purchases the rented property?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The sale of the property to the tenant is valid. This is because if the sale is valid for a third party, it is certainly valid for the tenant who already possesses the item. The primary opinion holds that the existing lease contract does not become nullified by the tenant's subsequent purchase of the property's ownership (raqabah). This is evidenced by comparing it to owning the usufruct via one contract and then owning the principal asset via another contract, which are not mutually exclusive. Furthermore, if the beneficiary of a bequest (muṣá lah) of the usufruct subsequently leases the property from the owner of the ownership, the lease is valid, demonstrating that ownership of the usufruct does not contradict a contract concerning the ownership.
Supporting text
There is a dissenting opinion that the lease contract is nullified for the remainder of the term. This is based on the analogy that contracting for the usufruct is nullified when the contracting party acquires ownership of the property itself, similar to marriage when a husband purchases his wife. Additionally, ownership of the property prevents the commencement of a lease, and thus it must also prevent its continuation.