مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم

نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 460

CONDITIONS FOR THE UTILIZATION OF THE PROPERTY GIVEN ON LEASE
2195. The utilization of the property given on lease carries four conditions:
(i) That it should be lawful. Hence, leasing out a shop for the sale or storage of wine or giving an animal on hire for the transport of wine is void.
(ii) That the performance of the act gratuitously should not be obligatory in the eyes of religious law.Hence performance of daily duties or shrouding etc. of the dead bodies on payment of wages is not permissible. And it is authentic on the basis of precaution that paying money for this use should not be absurd in the eyes of the people.
(iii) If the thing which is being leased out can be put to many uses the use to which the lessee is permitted to put it, should be specified. For example if an animal, which can be used for riding or for carrying burden, is given on hire it should be specified at the time of concluding the lease contract, whether the lessee may use it for riding or for carrying burden, or may use it for all other purposes.
(iv) The period of utilization shouldbe specified. And if the period is not known but the work is specified e.g. if an agreement is made with a tailor that he will sew a specific dress in a particular mannerfit is sufficient.
2196. If the time of commencement of a lease is not specified it commences after the recitation of the formula of lease.
2197. If, for example, a house is leased out for one year and it is stipulated that the period of lease will commence one month after the recitation of the formulathe lease contract is in order, although when the formula is being recited the house might have been leased out to some other person.
2198. If the period of lease is not specified and the lessor says to the lessee: "So long as you stay in the house you will have to

نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 460

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