Assalaamu ‘alaikum Mufti Sahib, I’m from India but currently residing in Sharjah, U.A.E. in a rented accommodation. Before going to India for a vacation of two months, my neighbours requested our flat for the stay of their guests during our absence. They said that their guests shall pay the rent to me for their stay & settle other bills like electricity, etc. I took some advance amount before going to India and handed-over the possesion of my flat to their guests. After coming back from vacation & taking back the possession of my flat, I got a doubt whether I had done the right act. I checked my tenancy contract and found a condition that says “Tenant has no right to waive or sublease property for investment, unless authorized by the Department of Economic Development in the emirate and with a written approval of the lessor (i.e. owner)”. Kindly let me know whether I have violated the above condition. I would like to know the following: a) Whether the amount received from my neighbours’ guests would be halal? b) If not halal, what should I do with the money? should I give it in Charity or should I give it back to the concerned person after dedcuting the repair charges, etc.? c) If I could not find the person from whom I received the rent amount or if the person refuses to take back the amount, what should I do? Anticipating your reply as soon as possible.
Answer
(Fatwa: 46/42/D=1432)
(1) If the landlord allows you the same, your action shall be right and the money received through this mean would be halal.
(2) But if you are not allowed for the same as you learnt after examining the tenancy contract, them also you can take the expenses of electricity, water and cleanliness; since it will not be called giving property on rent for income and you should return the extra amount to the guests. If they are not found or they refuse to take, you can give it in charity. In-sha-Allah, you shall get double reward for honouring the guest.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband