Bedah Buku Fiqih " Hukum Sewa Menyewa " - Ustadz. Abdul Somad, LC,. MA || Part 17

Summary

The transcript discusses the concept of 'sewa-menyewa' (renting or leasing) in Islam, elaborating on the conditions and types of rental agreements. It explores various scenarios, such as renting houses, cars, and the payment for services like breastfeeding or teaching. The script highlights how these transactions should be conducted according to Islamic principles, ensuring fairness and transparency. The discussion also touches on specific religious practices, the validity of agreements, and the importance of clear terms. It presents diverse views from scholars regarding the permissibility of renting certain items and the role of upah (payment) in such arrangements.

Takeaways

• 😀 Renting or leasing is allowed in Islam, as long as it follows certain conditions and guidelines.
• 😀 The concept of 'sewa-menyewa' includes various types of rental contracts, such as renting homes, vehicles, and even services like breastfeeding.
• 😀 A rental agreement in Islam should have clear terms, including the price, duration, and nature of the benefit to be received.
• 😀 The agreement should not involve any form of coercion and should be based on mutual consent.
• 😀 A rental contract is invalid if it involves something wasteful or if the benefit is deemed non-valuable.
• 😀 Renting a house or car is acceptable because the rented item remains intact, while renting something that disappears (like fruit from a tree) is debated among scholars.
• 😀 The practice of paying someone to breastfeed a child is allowed in Islam as it involves the payment for the benefit (milk), not the physical object (the woman).
• 😀 Some scholars prohibit renting trees for their fruit or animals for their wool, as the physical object is consumed or taken away, while others allow it, focusing on the benefit.
• 😀 Payment for teaching services, such as teaching the Quran, is permissible in Islam if the payment is for the teacher’s time, not the knowledge itself.
• 😀 A rental contract can continue if the lessee or lessor dies, with the contract passing to the heirs, as long as the terms remain unchanged.

Q & A

What does the concept of 'sewa-menyewa' (leasing/renting) mean in Islam?

In Islam, 'sewa-menyewa' refers to the concept of leasing or renting, where a service or item is rented out for a specific period, with an agreed-upon price in return for its benefits. This concept is rooted in mutual consent and clear terms.

What is the historical context of hiring a woman for breastfeeding in ancient Arab tradition?

In ancient Arab tradition, it was common for a newborn to be breastfed by a wet nurse. This service was paid for as a form of rent for the benefit of the child, similar to renting a house or car.

Can a husband pay his wife for breastfeeding their child?

Yes, a husband can pay his wife for breastfeeding their child. This is considered a rightful form of payment for her services, as she provides a benefit through breastfeeding.

What is the importance of clear terms in a rental agreement (sewa-menyewa)?

Clear terms in a rental agreement are crucial to ensure mutual understanding between the parties. This includes specifying the object being rented, the duration, the price, and the specific benefits expected from the rental.

Is it permissible to rent an item for a benefit that does not involve its physical use?

Yes, it is permissible to rent items for non-physical uses, such as renting a fruit for its scent or renting a space for a specific purpose, as long as the benefit is clear and agreed upon.

Can a person rent a tree for its fruit, and is it allowed in Islamic law?

There are differing opinions among Islamic scholars regarding renting a tree for its fruit. Some scholars allow it, while others argue it is not permissible because the tree is a tangible item, and only the benefits should be rented out, not the physical object.

Why is it permissible to pay a woman for breastfeeding, but not for extracting wool from animals?

Paying a woman for breastfeeding is permissible because the benefit is clear and does not diminish the original entity, while extracting wool from animals is seen as a tangible benefit that depletes the original entity, which may not be allowed according to some scholars.

Can teaching the Quran or other religious knowledge be compensated in Islam?

Yes, teaching the Quran or other religious knowledge can be compensated, especially when the teacher needs the income for living. However, the payment is for the teacher’s time and effort, not for the knowledge itself.

What is the stance on teachers receiving a salary or payment for religious teaching?

The general view is that teachers can receive payment for religious teaching as long as the payment is made for their time and effort, not for the sacred knowledge itself. Some scholars also allow teachers to receive payment if they rely on it to meet their needs.

What happens to a rental agreement if the rented object is destroyed or the renter dies?

If the rented object is destroyed or the renter dies, the rental agreement may still be valid, depending on the terms. In some cases, the agreement continues, and the heirs may continue to fulfill the contract, or a new agreement may need to be made.