Seizing a rented house

Question

Question: Zayd (the first party) gave ‘Amr (the second party) the land of his house on which cows and the like used to be tied, on the condition that he build himself a residential house there and deduct whatever is spent on the construction against the rent; and a promise was also made to give some money. Accordingly, over a period of three years, rent at the rate of twelve rupees a month was deducted against the construction account. On settling the account, some money is due from ‘Amr (the second party)

Answer

It is evident that Zayd neither gave this place to ‘Amr as a gift (hiba) nor sold it, but rather let it on rent. And the fact that the money spent on the construction is also counted towards the rent means that Zayd made ‘Amr his agent (wakil): “Instead of giving this rent to me, spend it on my behalf on the construction.

Source: Fatawa Mahmudiyya

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