نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 640
the rent or to vacate the house when the rent of such house has
increased considerably even then the tenant is not entitled, according
to religious law, to take good will from another person and his
occupation of the house without the permission of the owner amounts to
usurpation, and it is unlawful. 2888. If houses are given on rent after the
enactment of the said governmental law and suppose their rent per annum
is $ 1000 per month but the owner of the househas, for some reason,
fixed the rent of his house at $ 200 per month and has taken a sum of $
10.000 from the tenant as good will and has also agreed that the
leasedeed will be renewed every year. at the same rent whether in favor
of the original tenant or any other person to whom he transfers the
possession of the house, the tenant isentitled to hand over the house to
a third person after obtaining from him good will equal to or more or
less than that which was paid by him and, according to the
agreedconditions. the owner of the house cannot also restrain him from
doing so. 2889. Sometimes houses are leased out without taking goodwill and the following conditions are settled with the tenant:
(i) The owner of the house cannot get it vacated and the tenant will be entitled to remain in occupation of the house.
(ii) The owner of the house will renew the lease every year at the
original late of rent. In these circumstances if a person gets the house
vacated by giving the tenant some money in lieu of his relinquishing
his right and then takes the house from the owner on payment of rent,
the tenant can take goodwill for surrendering the house, but he cannot
take goodwill for handing over the house to another person.
ORDERS REGARDING POSTMORTEM 2890. It is not permissible to dissect the dead body of a Muslim
نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 640