30.8 租房居住
30.8 Renting Houses For Residence
凡租赁用于居住的不动产者,他本人可以居住其中,并且如果他亲自在场,也可以让他所想要的任何其他人与他一同居住其中,因为他能够执行其自身或其代理人所订立的契约。居住其中的人是他在执行所订契约方面的代理人,因此这是允许的,犹如他委托了一位代理人去接收所售之物。他可以在房屋中按照居住者的习惯增设地板、家具、物品等。但承租人不得在所租的房屋中容纳他人,因为这样造成的损耗可能会大于他自身对房屋的损耗。因此,如果承租人不是洗衣工或铁匠,他就不应当在屋中容纳会损坏房屋的人,例如洗衣工或铁匠,因为这对房屋有害,其危害甚于契约所订立的利益。契约所订立的利益是众所周知的,或者是依据双方彼此所知的这所房屋而确定的,所以他不得获取超过租赁契约所订利益的好处。
Whoever rents immovable property for residence, then he himself can reside therein and he can accommodate anyone else he wants therein if he stands in his place because he can execute that which is contracted over by himself or his representative. Whoever resides therein is his representative in executing what was contracted upon so it is permitted just as if he delegated an attorney in taking possession of the sold thing. He can build in the house of what is the custom of the resident of flooring, furniture, goods etc. Except that the tenant cannot accommodate in the house which he rented because of which wear and tear could be greater than his own wear and tear upon the house. So he should not accommodate therein one who would damage the house such as washers or blacksmiths if the tenant is not a washer or blacksmith because that is harmful to it, which is more harmful than the benefit upon which contract occur over. The contract occurred upon the benefit which is well known or this house even if by mutual acquaintance, so it is not permitted for him to take a benefit greater than the benefit over which the rent contract occurred.
在租房居住时,无需明确说明住所,而是允许将合同订为不限定形式的合同,不必提及住所及其描述,因为房屋只是为了居住而租用,所以无需说明。而且居住方式的差异很小,因此不需要记录。于是,承租人可以在自己的租期内把房屋再租给他人。如果租赁按月进行,租金是已知之物,那么双方都不得在每月中途废除合同,只能在每个月结束后才能废除。 不过,第一个月须支付其中的租金,因为合同是不限定形式的,而这一点是已知的,且租金是已知的报酬。此后的每个月,只要承租人因合同而实际入住该房屋,即居住于房内,则合同对该月有约束力。一旦入住,入住行为即已确定,因此第一份合同便有效。如果未曾入住,或者合同在第一个月结束时被废除,那么合同即被废除。每当某个月没有入住,该月的租赁便不成立,因为合同已不存在。 如果出租人说:"我把我的房子租给你二十个月,每月租金为某某数额",这是允许的,因为期限是已知的,租金也是已知的。在任何情况下,双方都不得废除合同,因为这是同一个租期。如果他租房的期限是一年,那么在一年期满之前,即便他觉得要废除合同,也须支付全部租金。 若有人出租自己的房屋,出租人有责任完成能够便利承租人获得使用利益的事项,例如交付房屋钥匙、铺设浴室、修理门窗、接通水源,以及一切为使人能够正常使用该房屋所必需的修缮或便利措施。 至于使利益得以实现的事项,例如搬运家具、绳子、水桶、电表、水表,这些由租户负责。至于美化和装饰方面的事项,双方都没有义务负担,因为不借助这些也能够使用房屋。至于粉刷房屋、漂白水槽和浴室,如果在出租时需要这样做,则由房东负责,因为这是促成使用利益的事项之一。如果是因为租户的行为而弄脏的,则由他负责清理。至于运送垃圾,则由租户负责。 如果房东在租赁合同中约定由租户承担伊斯兰法规定应由房东承担的、使利益得以实现的费用,该条件无效,因为它与合同的要求相矛盾。同样,如果租户约定由房东支付伊斯兰法规定应由租户承担的费用,该条件也无效,因为它与合同的要求相矛盾。如果房东和租户,或其中一方去世,租赁关系仍然保持其原有状态,因为租赁是一种约束性合同,在所租之物仍然存在的情况下,不会因死亡而失效。
It is not required in renting the house for accommodation to explicitly state the residence. Rather it is permitted to make the contract unrestricted without being necessary to mention the residence nor its description because the house is not rented except for accommodation so there is no need to mention it. And because the difference in accommodation is small so it does not to be recorded. So he can rent the house to another for the period of his (own) renting. If the renting occurs upon each month for a known thing, it is not for either of them to invalidate (it) except after the passing of each month. Except that the first month requires the rent therein due to the unrestricted nature of the contract because it is known to follow the contract and for it is a known wage. Whichever month is after it is required by the contract by becoming involved therein i.e. residence in the house. Once it becomes involved therein, the entry therein is determined so it is valid in the first contract. If it is not involved in or the contract is annulled at the end of the first month, then it is annulled. Whenever involvement is left in a month, then the renting is not established therein due to the absence of the contract. And if he said, ‘I rented to you my house for twenty months for so much for each month’ it is permitted because the period is known and its wage is known. It is not allowed for either of them to annul the contract in any situation because it is one period. If he rents a house for the period of a year then it appeared to him to annul it before the passing of the year, full rent is obliged upon him. If someone rents his house, it is upon the landlord to complete what would facilitate the benefit for the tenant like delivering the keys to the house, paving the bathroom, the fixing of the doors, running of water and all that is required to make good or facilitating the benefiting from the house. As for what is fulfilling the benefits like delivering the movables, rope, bucket, electricity meter, water meter, this is upon the tenant. As for what is obliged in beautifying and adornment, they are not obliged on either of them because benefiting is possible without them. As for whitening the house, bleaching the sink and the bathroom, if it requires this at the time of renting then it is upon the landlord since this is among what facilitates the benefiting. And if it is filled by the tenant’s action, then it is upon him to empty it. As for transporting the garbage, then it is upon the tenant. If the landlord stipulates upon the tenant in the rent contract to pay the expenses of what the Shar’a obliged upon him of what facilitates benefiting, the condition is invalid for contradicting the requirement of the contract. Similarly if the tenant were to stipulate upon the landlord to pay the expenses obliged upon the tenant, the condition is invalid for contradicting the contract’s requirement. If the landlord and tenant die, or either of them, the hiring remains in its situation because hiring is an obligatory contract which is not annulled by death during the well-being of that which is contracted upon