Sunday, 5 April 2026 (17 Shawwal 1447 AH)
Question: Some of the heirs leased out a shop for a fixed term. Then the heirs divided the estate, and that shop fell to the share of an heir other than the one who had leased it out. May the one in whose share it fell rescind the lease or not?
Answer—and Allah grants success: The jurists of the school have said that a lease is dissolved by a sale when the sale is due to pressing need, even if the seller could otherwise earn. On that basis, the lease is dissolved by partition when the lessor becomes a different heir, as in the question; that constitutes an excuse to rescind it—indeed, this excuse is even stronger than the need mentioned by the jurists in the case of sale.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2