With reference to my earlier question 1079, one solution given is that sign the rental contract first, and then sales contract, but how can i sign the rental contract and lease to someone , when i do not own that asset ?. Isnt the proper way to buy first and then rent out.
Answer:
Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,
The contract you sign on the rental is subjective; meaning IF you buy the property the property, you will lease it out. It is not a present transaction, but rather a promise for the future. Thus, the rental agreement is suspended on the purchase of the property. No sale is taking place before ownership, but rather just a commitment.
And Allaah Ta’aala knows best
Wassalaam,
Ismail Moosa (Mufti)