[Q 356] Renting Out a Multi-purpose Hall

Question

Is it ok to open/own a multi-purpose hall that can be rented out to companies/individuals for events/parties in the US? We won’t offer catering services; the clients would be responsible for food/beverages and cleanup. The venue would have a stage that could be used for different purposes, but my concern is that it could be used as a dance floor in case of wedding functions. Guidance would be appreciated. Jazak Allah.

بسم الله الرحمن الرحيم

الجواب بعون الملك الوهاب اللهم هداية الحق والصواب

Answer

The purpose of such a hall is to rent out a space for various activities, such as weddings, religious events, meetings, and other forms of gatherings. This is permissible, not sinful, and the income earned from it is Halal, even if the person renting the hall uses it for sinful activities.

This is because:

1. The building/hall, in and of itself, is not something that facilitates sin.

2. The owner’s intention when renting the hall is not for the person to use it for sinful activity, but rather he rents the space out to simply get profit off of it. If the renter commits any sin, it is his personal action, and the sin is only attributed to him, not the owner. This is because how the space is used is no longer under the purview of the owner.

However, if the owner rents out the hall with the intention of facilitating any sinful activity or assists in any such activity by providing the means that are exclusively for sinful purposes, such as musical instruments, alcohol, etc., then the owner would also be sinful and must avoid this.

Allah Almighty says in the Quran:

اَلَّا تَزِرُ وَازِرَۃٌ وِّزۡرَ اُخۡرٰی

Translation (Kanz-ul-Irfan): “And no bearer of burdens shall bear the burden of another.”  (Surah An-Najm: 38)

It is mentioned in Fatawa Hindiyyah:

وَإِذَا اسْتَأْجَرَ الذِّمِّيُّ مِنَ الْمُسْلِمِ دَارًا لِيَسْكُنَهَا فَلَا بَأْسَ بِذَلِكَ وَإِنْ شَرِبَ فِيهَا الْخَمْرَ وَعَبَدَ فِيهَا الصَّلِيبَ أَوْ أَدْخَلَ فِيهَا الْخَنَازِيرَ وَلَمْ يَلْحَقِ الْمُسْلِمَ فِي ذَلِكَ بَأْسٌ لِأَنَّ الْمُسْلِمَ لَا يُؤَاجِرُهَا لِذَلِكَ إِنَّمَا أَجَرَهَا لِلسُّكْنَى كَذَا فِي الْمُحِيطِ

(Al-Fatawa Al-Hindiyyah, Vol. 4, Pg. 450)

It is mentioned in Hidaya:

مَنۡ اٰجَرَ بَيتًا لِيَتَّخِذَ فِيهِ بَيتَ نَارٍ اَو كَنِيسَةً اَو يُبَاعَ فِيهِ الخَمۡرُ بِالسَّوادِ فَلَا بَأۡسَ بِه لِأَنَّ الاِجَارَۃَ تَرُدُّ عَلٰی مَنۡفَعَةِ البَيتِ وَلَا مَعصِيَةَ فِيهِ إِنَّمَا المَعصِيَةُ بِفِعلِ المُستَاجِرِ

(Al-Hidayah, Vol. 1, Pg. 470)

It is mentioned in Radd – ul – Muhtar:

والدلیل علیه أنه لواجرہ للسکنٰی جاز وھو لابدله من عبادته فیه

(Radd – ul – Muhtar, Vol. 5, Pg. 251)

Imam Ahmed Rida khan عليه الرحمة says: “If the owner simply rents out the property, and the renters use it for a hotel or to engage in the aforementioned sinful acts, Zaid (the owner) is not accountable. ‘اَلَّا تَزِرُ وَازِرَۃٌ وِّزۡرَ اُخۡرٰی ‘ (Quran). In such a case, taking rent is permissible.

If he rents it out, specifically, for this impermissible reason, he would be sinful; however, since the rent is in exchange for the use of the building and not the actions, the rent is still permissible.”

(Fatawa Razawiyyah, Vol. 19, Pg. 520)

In another place, he says:

“If a Muslim rents out a house, his intention is to receive rent, and actions are based on intentions. Why would he intend that drinking and selling alcohol take place there? In such a case, the rent is Halal for him, and there is no harm in eating within that place. However, if he has this sinful intention, then he will also become sinful.”

(Fatawa Ridawiyyah, Vol. 19, Pg. 501)

Answered By: Mubashir Attari (AskMufti Scholar)
Verified By: Mufti Sajid Attari 
Translated Answer
Date: 14th September, 2024