A Person Rented a Shop and Later Discovered That the Current Owner Had Usurped It from — Jurisprudential Answers — Miscellaneous Issues, Vol. 5

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Work & transactions ·

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  1. Question and answer
  2. More in Work & transactions
  3. References
  4. Editorial notes

Question and answer [link]

Question 152

A person rented a shop and later discovered that the current owner had usurped it from its rightful owners. Does the usurpation affect the lawfulness of the tenant's buying and selling, and must he leave immediately?

Ahmed al-Hasan Response:

A tenant who was unaware of the shop's situation has no problem with his prior transactions before learning its status. After learning, however, he must take steps to leave the shop without suffering substantial harm. For example, if time remains on his lease, he may complete it but must not renew the contract with the usurper. He should also expose the usurper and explain the shop's status to people so that they avoid renting it, and people should deal with the usurper as a thief and usurper so that their treatment deters him and others and promotes good conduct. All of this applies when it is certain and established that the shop was usurped; otherwise the matter may be merely a malicious allegation intended to defame the owner.

published translation. Source [1]

Source: الأجوبة الفقهية (مسائل متفرقة - ج5); Question 152; Page Not available; FIQH-MISC-V5-Q152. View Arabic source · Open the original Arabic source ↗

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References

  1. السيد أحمد الحسن. الأجوبة الفقهية (مسائل متفرقة - ج5). Question 152; Page Not available. FIQH-MISC-V5-Q152. View Arabic source
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الأجوبة الفقهية (مسائل متفرقة - ج5) — السيد أحمد الحسن. Question: 152. Page: Not available. FIQH-MISC-V5-Q152. https://almahdyoon.com/arabic/documents/books-saed/214-Ajwiba-fi9h-5.pdf

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Editorial notes

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View source · Page information
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  "id": "FIQH-MISC-V5-Q152",
  "book_title_ar": "الأجوبة الفقهية (مسائل متفرقة - ج5)",
  "author": "السيد أحمد الحسن",
  "question_number": 152,
  "page_number": null,
  "source_url": "https://almahdyoon.com/arabic/documents/books-saed/214-Ajwiba-fi9h-5.pdf",
  "source_language": "ar"
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