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Maintenance of Rental Property
Question: A landlord rents out a house on the condition that tenant will be responsible for the costs of maintenance and repairs on the house—is this allowed?
Answer: The maintenance and upkeep of a property is the responsibility of the landlord. It is incorrect for the landlord to put the condition that the tenant will be responsible for the cost of the maintenance and upkeep of the house.
والشروط التي تفسدها ... كاشتراط تطيين الدار ومرمتها أو تعليق باب عليها أو ادخال جذع في سقفها على المستأجر (البحر الراءق ج٧/ص٣١٢)
And Allah Knows Best
Yusuf Moosagie
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Recouping Lost Rental
Question: What can a landlord do to recoup rental from a tenant who has not paid for several months?
Answer: The landlord has the Islamic right to attached goods of the tenant to the value of the outstanding amount. It should be noted that the landlord may not add any interest, penalty charge, administration cost, etc on the outstanding amount. [Fatwaa Mahmoodiya V16/ Page 647]
And Allah Knows Best
Yusuf Moosagie
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Placing The Hands In Qa’dah
Question: Where should one place one’s hands when sitting in Qa’dah(Sitting position)?
Answer: It is the preferred opinion of the Fuqaha, that the hands be placed on the thighs in Qa'dah.
[Shami V1/P217;Bahr V1/P325]
And Allah Knows Best
Yusuf Moosagie
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Touching The Earlobes In Takbeer Tahrima
Question: Is it necessary for a male to touch the earlobes when saying Takbeer Tahrima?
Answer: If one touches the earlobes, it is fine and if one merely raises the hands so that the thumbs are parallel to the ear lobes without actually touching them, that is also fine. The Fuqaha have mentioned that the touching of the ears is merely to assist one in fulfilling the Sunnah of raising the hands in-line with the ears. Furthermore, it is Mustahab for the palms to face the Qibla when raising them for Takbeer Tahrima. Fatawa Mahmoodiyyah, V5/P582
And Allah Knows Best
Yusuf Moosagie
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