Maintenance of the taxi is on the lessor

Question:

Zaid has leased Umar his taxi at $80 per day with the condition that Umar will be responsible to fill the petrol and pay up to $15 for any maintenance incurred. If there is any maintenance above $15 then Zaid will look after it. Is this type of contract permissible in Shari’ah?

Answer:  حامدا ومصليا ومسلما

The responsibility of maintenance is on the owner, Zaid. The clause which stipulates that maintenance is binding on the lessee, Umar, is incorrect. Such a condition will invalidate the lease.

نفقة المستاجر على الاجر الخ (العالمگیري 4:455)

And Allah Ta’aalaa knows best
(Hazrat Mufti) Ahmed Khanpuri (May Allah preserve him)
The answer is correct.
(Mufti) Abbas Dawud Bismillah (May Allah preserve him)
Mahmoodul Fataawaa (2/480)

Author: Ibn Suleman

Leave a Reply

Your email address will not be published. Required fields are marked *