Question
A man sells the lease of the shop he occupies. The shop is empty. This is called goodwill. Is this permissible?
Answer
A lease can never be sold. In terms of the Shariah, a lease is a mere agreement. It is not tangible or material commodity which could be bought and sold. The lease is not even transferable. The new tenant has to obtain permission from the owner of the property. The haraam act of ‗buying' the lease does not entitle him to occupancy.
Selling a shop without stock is baatil/haraam. It simply is not valid. Goodwill is haraam. The owner of the property is entitled to only rent. The vacating tenant has no entitlement whatsoever by virtue of the lease.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 26 No 10
- PDF page
- 2
Verbatim verified against the source PDF
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