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The question

What is the ruling on subletting if the original tenant's contract with the landlord stipulates that this is not allowed, and does the sin fall only on the original tenant, or on both him and the subtenant?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The answer is summarized as follows: Subleasing the rented property without the landlord's knowledge is a matter of dispute among scholars. Some stipulate that the landlord must not have conditioned the tenant to utilize the benefit himself exclusively. This condition and the validity of the contract alongside it are subject to disagreement: some do not validate the contract, some validate it and nullify the condition, and some validate both. The preponderant opinion is that the tenant is not permitted to sublease the property to another if the landlord stipulated against it, and it is not permissible for one who knows of this condition to sublease from the tenant.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
114512
Imported
Translation status
Source text, unreviewed
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