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)