Transferring a Tenancy

Question

Zayd had for a long time been the tenant of a shop of the Jamiʿ Masjid (congregational mosque) of Khatauli. Eight years ago he gave the said premises to his brother Muhammad Aslam and another person, Muhammad Ilyas, for the purpose of running a joint business, and kept the tenancy going afterwards; but the rent, because the business of Muhammad Aslam and Muhammad Ilyas was joint, continued to be paid from the joint business.

Answer

(1) Since Muhammad Zayd gave that shop on rent to both Muhammad Aslam and Muhammad Ilyas for a joint business and dealt with both of them, both will be tenants, even though by the formal procedure and in writing originally only Zayd was the tenant, and he then gave up the tenancy.

Source: Fatawa Mahmudiyya

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