Asalaamu Allaykum I would like to know whats the ruling on a lease to a building(since death is uncertain) is a lease allowed in Islam?Jazakumullah!

SHARI'AH LAWS PERTAINING TO HIRING AND TENANCY%0D%0A%0D%0AQ: Muhtaram Mufti Saheb; Assalaamu Alaykum Wa Rahmatullaahi%0D%0A%0D%0AThe majority of our Muslim community are businessmen and are often engaged%0D%0Ain Ijaarah (hiring). In order for us to conduct our business according to%0D%0Athe Shari'ah, it will be appreciated if you could explain to us the rules%0D%0Aand principles of Ijaarah.%0D%0A%0D%0AA: Generally, there are two groups of people in society: a) the wealthy, who%0D%0Aare dependant on others to conduct their affairs, and b) The poor who depend%0D%0Aon the wealthy by serving them to earn an income. This is also understood%0D%0Afrom the following verse:%0D%0A%0D%0A' . We distribute among them their livelihood in the life of this world, and%0D%0AWe have exalted some of them above others in degrees, that some of them may%0D%0Atake others in subjection; and the mercy of your Lord is better than what%0D%0Athey amass.' (Zukhruf 32)%0D%0A%0D%0AAllaamah Sarakhsi (RA) states that the above mentioned verse refers to%0D%0AIjaarah (hiring) and forms the basis for its permissibility. (Bahas-o-Nazar%0D%0Apart 25 pg.10)%0D%0A%0D%0AThaabit ibn Dhahhaak (Radhiallaahu Anhu) states that Rasulullah (Sallallaahu%0D%0AAlayhi Wasallam) said, 'There is nothing wrong in hiring.' (Mishkaat pg.258;%0D%0AMe'raaj)%0D%0A%0D%0AThe Fuqahaa (Jurists) have explained the rules and principles of hiring and%0D%0Ahereunder is a summarised version of that:%0D%0A%0D%0ADefinition%0D%0A%0D%0ATo take possession of an item in lieu of a fee. (Raddul Mukhtaar vol.10%0D%0Apg.4; HM Saeed)%0D%0A%0D%0APrerequisites%0D%0A%0D%0AThe contractual agreement of hiring is established with a proposal (Iejaab)%0D%0Aand acceptance (Qubool) in the past tense and in one sitting with words%0D%0Aimplying hiring, for example, the landlord says, 'I have hired the house to%0D%0Ayou' and in the same sitting the tenant says, 'I have accepted.' (Fataawa%0D%0AHindiyya vol.4 pg.409; Rashidiyya)%0D%0A%0D%0AConditions%0D%0A%0D%0A1) Both parties must be sane. The contractual agreement of a permanently or%0D%0Atemporarily insane person is invalid. (Ibid pg.410)%0D%0A%0D%0A2) It is not necessary for both or any one party to be an adult (attained%0D%0Amaturity or at least 15 years of age). If a minor entered into a contractual%0D%0Aagreement with the consent of his%2Fher guardian, it will be valid. If the%0D%0Aguardian did not consent, then the contract will be subject to the approval%0D%0Aof the guardian. (Ibid)%0D%0A%0D%0A3) The contractual agreement must be specific. There should be no ambiguity%0D%0Ain the agreement that has a potential of a dispute in future. In hiring%0D%0Abenefits, for example, a house or shop, the rental amount, the period, etc.%0D%0Amust be specified. In hiring services, for example, a teacher, his salary,%0D%0Awork description, contract period, etc. must be specified. If there is any%0D%0Aambiguity in the contractual agreement that may lead to a dispute, the%0D%0Acontract will be invalid. (Ibid pg.411). In order to avoid disputes, it is%0D%0Aemphasised to reduce agreements to writing. Verbal agreements may lead to%0D%0Amisunderstandings and disputes.%0D%0A%0D%0A4) When the agreement is concluded, the landlord or his representative must%0D%0Abe able to hand over the premises as agreed. If he is unable to hand over%0D%0Athe premises for whatever reason, the agreement will be invalid. If there is%0D%0Ano obstacle in handing over the premises, he should do so as agreed. (Ibid)%0D%0A%0D%0A5) The tenant or the lessee must be able to benefit from whatever is hired.%0D%0AIf it is not possible, for example, the hired property is in auction due to%0D%0Ainsolvency or the hired car is stolen from the lessor, then the agreement%0D%0Awill be invalid. (Ibid)%0D%0A%0D%0A6) The hired item must not be Haraam, for example, gambling machines.%0D%0A(Hidaya vol.3 pg.303; Ashrafiyya)%0D%0A%0D%0A7) The tenant or lessee have the right to see the hired item even after%0D%0Aconcluding the agreement. If the tenant or lessee disapproves then he has%0D%0Athe right to cancel the agreement. (Bahas-o-Nazar part 25 pg.23)%0D%0A%0D%0ATypes of Hired Persons%0D%0A%0D%0AAjeer-e-Khaas (Exclusively hired person)%0D%0AAn Ajeer Khaas is he who is hired by one person only and his (hired person)%0D%0Aposition is that of an Ameen (an entrusted person). Whatever is given to him%0D%0Aby his contractor is an Amaanat (trust). An Ameen will not be responsible%0D%0Afor the loss of an entrusted item if he did not do any deliberate harm or%0D%0Athere was no negligence on his behalf. The fees of the hired person must be%0D%0Aspecified. (Hidaya vol.3 pg.293; Ashrafiyya). The common habit 'do the work,%0D%0AI will pay you something' is not permissible. When the hired time expires,%0D%0Athe contractor is bound to pay the Ajeer-e-Khaas even if the contractor did%0D%0Anot use him to do any work. (Bahas-o-Nazar part25 pg.36)%0D%0A%0D%0AAjeer-e-Aam (Commonly hired person)%0D%0AAn Ajeer-e-Aam is he who is not hired by any one particular person. The%0D%0Aposition of an Ajeer-e-Aam is of a Kafeel (guarantor) and he will be%0D%0Aresponsible for the loss of people's items given to him if he has caused%0D%0Adeliberate harm or the loss was due to his negligence. (Fataawa Hindiyya%0D%0Avol.4 pg.500; Rashidiyya). For example, if a motor mechanic parked the car%0D%0Aof his client at his garage where there was a high risk of theft and the car%0D%0Agot stolen from there. An Ajeer-e-Aam will be entitled for fees only upon%0D%0Acompletion of the contract given to him. The hired person should be paid%0D%0Atimeously.%0D%0A%0D%0AHadhrat Abdullah ibn Umar (Radhiallaahu Anhu) narrates that Rasulullah%0D%0A(Sallallaahu Alayhi Wasallam) said, 'Pay the hired person his fee before his%0D%0Asweat dries.' (Mishkaat pg.258; Qadeemi). To delay payment without any valid%0D%0AShar'ee reason is a major sin.%0D%0A%0D%0ASome Responsibilities of the Tenant%0D%0A%0D%0A1) The tenant is responsible for the daily maintenance, sweeping, removing%0D%0Agarbage, etc. of the property. (Bahas-o-Nazar part25 pg.39)%0D%0A%0D%0A2) The tenant cannot do anything that will damage the property. If he%0D%0Adamages the property, the landlord can terminate the lease agreement. (Ibid)%0D%0A%0D%0A3) If the tenant made extensions or renovations with the consent of the%0D%0Alandlord, he may claim the expenses of that from the landlord. If he did not%0D%0Atake the consent of the landlord, he cannot claim the expenses from the%0D%0Alandlord. (Ibid)%0D%0A%0D%0A4) It is permissible for the tenant to sublet the hired property. (Ibid)%0D%0A%0D%0ASome Responsibilities of the Landlord%0D%0A%0D%0Aa) The landlord will be responsible to repair those things of the property%0D%0Awhich results in the tenant not being able to benefit from the property, for%0D%0Aexample, no electricity, etc. (Ibid)%0D%0A%0D%0Ab) The landlord must provide all those things that are necessary to benefit%0D%0Afrom the hired property, for example, keys of the security gates, etc.%0D%0A(Ibid)%0D%0A%0D%0AHiring of Waqf Property (Musjid property, etc.)%0D%0A%0D%0AThe hiring of a Waqf property will be governed by the rules and principles%0D%0Aset out by the Waaqif (donor). (Al-Ashbah Wannazaair)%0D%0A%0D%0AIf the Waaqif did not specify a time limit for hiring of the Waqf property,%0D%0Athen the Waqf property can be leased for the maximum period of three years.%0D%0A(Bahas-o-Nazar part 25 pg.26)%0D%0A%0D%0ADisputes Between the Contractor (Musta'jir) and the Hired person (Ajeer)%0D%0A%0D%0AAbdullah ibn Abbaas (Radhiallaahu Anhu) narrates that Rasulullah%0D%0A(Sallallaahu Alayhi Wasallam) said, 'To substantiate a claim is upon the%0D%0Aplaintiff and to take an oath is upon the defendant.' (Mishkaat pg.326; Me'%0D%0Araaj)%0D%0A%0D%0APrimarily, all disputes will be governed by the principle mentioned in the%0D%0Aabovementioned Hadith. The Fuqahaa have explained the criteria to determine%0D%0Athe plaintiff and defendant and application of the abovementioned Hadith%0D%0Aaccording to the nature and merits of the dispute. Only competent Ulama%0D%0Ahaving expertise in Fiqh will be able to expertly preside over such disputes%0D%0Aand issue awards according to the Shari'ah.%0D%0A%0D%0AThe Contract will Terminate due to one of the following:%0D%0A%0D%0Aa) If one of the contracting parties pass away. (Badaai-us-Sanaai'ee)%0D%0A%0D%0Ab) If both the contracting parties make Iqaala (dissolve) the contract.%0D%0A(Bahas-o-nazar part25 pg.43)%0D%0A%0D%0Ac) If the hired property is destroyed, for example, through fire, etc.%0D%0A(Badaaius Sanaai'ee)%0D%0A%0D%0Ad) If the contract period (lease) expires. (Ibid)%0D%0A%0D%0AThis article is only a summary of the general rules and principles of%0D%0AIjaarah (hiring) prepared to serve as a guideline to conduct our business%0D%0Aaccording to the Shari'ah.%0D%0A%0D%0AMufti Ebrahim Desai