If subleasing to a third party before possession is impermissible, is subleasing to the original lessor permissible before possession?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 4 · Bab 1

Open in Qurani

Primary text

If it is ruled that subleasing to a third party before possession is invalid, there are two subsequent opinions concerning subleasing to the original lessor before possession. The first is that it is impermissible because the contract concerns property not yet possessed. The second is that it is permissible because possession is not impossible for the lessor, unlike a stranger (third party). This rests on the principle concerning the sale of food before possession, which is invalid if transacted with a non-seller, with differing opinions on validity when transacted with the seller.