What is the ruling on imposing a clause that obliges the tenant to pay five euros if he is late in paying the rent in a country that undertakes to pay the rent for those who are late?
It is forbidden to stipulate a late payment penalty for rent, because it is usury (riba), which is prohibited, and because the rent is a debt owed by the lessee. It is permissible to stipulate a penalty clause in all financial contracts except for contracts where the original obligation is a debt. It is not permissible to enter into a contract that includes this usurious condition, except in two cases: necessity and dire need, and contracts of adhesion where the party entering into them does not have the ability to change their terms. It is not permissible to work on explaining these contracts, or to invite anyone to sign them, because that involves cooperating in sin, unless this usurious condition is removed from them. However, if all contracts are of this nature and no one can rent except in this way, then there is no harm for the lessee to enter into it and intend to pay on time, and there is no harm in explaining these contracts or inviting others to them for those who do not delay payment.
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- Original fatwa ID
- 20350
- Imported
- Translation status
- Source text, unreviewed
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