Ibn MasoodDarul Ifta Ibn Masood

Tenant Dispute

English
Rental

Question

A landlord rents out a property with three separate houses. The property has a borehole which feeds three water tanks, each with its own pipe into the respective homes. After excessive rain, the pump was damaged causing a drop in water pressure. As a result, one tenant, who is a relative of the landlord, cut off the water supply to one of the other houses in order to increase the water pressure into his house. The landlord reprimanded the tenant but the tenant went a step further and cut the supply to the other house, thereby feeding the main pipe into his house. Please advise on how to resolve this matter.

Answer

It was incorrect for the relative to take the matter into his own hands and cut off supply from the other tenants since he is also a tenant and does not own the property. The correct procedure to resolve this matter will be that the landlord should bear the cost of the expenses and upgrade the system, or repair the water supply level so that all 3 houses get a steady flow of water supply since the water supply is included in the rental agreement.

The wealth of Muslim is not permissible except that he gives it with a happy heart.

It is not permissible for a Muslim to unjustly take the wealth of his brother.

References (Arabic / Urdu sources)

لَا يَحِلُّ مَالُ امْرِئٍ مُسْلِمٍ إلَّا بِطِيبَةِ نَفْسٍ مِنْهُ (كنز العمال #397)

لا يحل لامرئ مسلم أن يأخذ مال أخيه بغير حقه (كنز العمال # 30343)

Answered by
Mufti Abdul Kader Fazlani
Checked & approved by
Mufti Yacoob Vally Saheb
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