Termination of a lease by the death of the lessee

Question

Question: As-salamu ‘alaykum! What do the scholars of the religion say regarding this matter: Bakr’s forebears, having taken a plot of land on rent for four annas (a coin worth 1/16 of a rupee), build on it a residential house for themselves, and some years, approximately, pass since then. Nowadays that same land has become valuable. The present owners want Bakr either to vacate the land or to fix an annual rent higher than four annas.

Answer

If Bakr’s forebears took that land on rent in the proper manner, that is, they had settled the rent and the term of tenancy with the actual owner, then this was a valid (sahih) lease (ijara), and a contract of lease is dissolved by the death of the owner or of the tenant.

Source: Fatawa Mahmudiyya

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