مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٤٥٧ - ORDERS REGARDING LEASE RENT
after the childs attaining the age of puberty, had not been included in
the period of lease it would not have been in theinterest of the child,
he cannot cancel the lease of his property. Of course, it is difficult
that it would be valid that the child himself remains, the lessee
afterattaining the age of puberty.
٢١٨٤. A minor child who has no guardian cannot
be hired without the permission of a Mujtahid. And if a person cannot
approach a Mujtahid he can hire the child afterobtaining permission from
a few believers who are Adil.
٢١٨٥. It is not necessary for the lessor and the
lessee to recite the formula in Arabic. On the other hand if the owner
says to a person: "I have leased out myproperty to you", and the other
replies: "I accept it", the lease contract is in order. Furthermore,
even if they do not utter any words and the owner hands over his
propertyto the lessee with the object of leasing it out, and lessee also
takes it with the intention of taking it on lease, the lease contract
is in order.
٢١٨٦. If a person wants to be hired for doing
some work without reciting the formula, the hire contract is in order as
soon as he starts doing that work.
٢١٨٧. If a person who cannot speak makes it
known with signs that he has taken or given a property on lease, the
lease contract is in order.
٢١٨٨. If a person takes a house, shop or room on
lease and the owner of the property imposed the condition that only he
(the lessee) can utilize it, the leaseecannot lease it out to any other
person for his use except that the new lease should be such that its
benefits also should be peculiarly meant for the lessee himself,
forexample, a woman takes a house, or a room on lease later marries and
gives the room or house on lease for her own residence (to her husband
because it is the responsibilityof a husband to provide lodging to his
wife). And if the owner of the property does not impose any such
condition, the lessee can