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Shiavault - a Vault of Shia Islamic Books A Summary of Rulings The Rules of Leasing- Renting- Hiring (Ijaarah) Issue 752: A person consigning the usage of his property or a person consigning the usage of himself for another is called Ijaarah (renting, leasing). It is conditional that the lessor (Mu’ajjir) and lessee (Musta’jir) both be mature (Baaligh), sane ('Aql) and not compelled (meaning, they establish the lease agreement voluntarily and willingly).

And that they not be prevented from utilizing their properties (in other words, they should not be placed under financial management out of compulsion). According to this, the lease agreement of a imbecile (Safeeh) is invalid who is incapable of managing his affairs in this situation properly so he does not use it foolishly. Issue 753: It is permissible for people to become a representative (Wakeel) on behalf of another in order for a lease agreement to take place.

Likewise, it is permissible for the guardian of a minor or his custodian to lease (the immature child's) property with the condition that he is mindful of his interests. The precaution is that the period after the maturity of the minor is not entered into the period of the lease except with that the interest of the minor is not realized. When the minor has no guardian or custodian, it is obligatory to seek the permission of the Religious Authority (Al-Haakim Ash-Shar') in the minor's affairs.

When it is not possible (to obtain permission) from the just Jurist (Mujtahid 'Aadil) or his representative, it is permitted to seek the permission of a just Muslim who is mindful of the interests of the minor. Issue 754: It is permissible to execute the lease contract in the 'Arabic language or Persian or any other language. For example, the lessor says to a person: I will rent my such and such property for such and such amount for such and such period of time.

Then, the other side says: I accept. Or this is translated into Persian or another language. Issue 755: When a person hires out himself to perform a job without executing the Seeghah of Ijaarah. Then, merely engaging in a action by the request of the other side, the hiring is proper.

The Conditions of Ijaarah Issue 756: A number of matters are conditional in things that are rented/hired: That (details of the lease, rental or hiring) must be specified, for example, if it is said: I will rent you one of these houses or one of these cars, it is not proper.