A Muslim buys a building but does not know that it also contains a pub whose lease he cannot terminate [before its expiry]. Then he finds out the fact. (a) Is it permissible for him to receive the rent of the pub from the lessee? (b) If it is not allowed, is it permissible for him to receive the rent with the permission of the mujtahid? Or under other pretext? (c) If we assume that he knew about the existence of the pub before buying the building, is it permissible for him to buy that building knowing that he cannot terminate the lease of the pub owner?
Answer
(a) It is not permissible for him to receive the rent in return for renting that place as a pub. (b) Since he owns the right of rent of that place for permissible use, he is allowed to take (from the money given to him as rent for the pub) an amount that is his right. If the lessee is non-Muslim, the owner can take the money but not as rent [for the pub]. (c) It is permissible for him to buy that building, even if he knew about the above-mentioned lessee and that he cannot terminate that lease.