Reply to a Query [Appointing Mr. Muhyiddin Taleqani as proxy for renting out mortmain property]

«۱»- This permission has been written in reply to the following letter: " What is Your Eminence's opinion about this issue: There is a village in Taleqan district that has been assigned as a mortmain since ۹۰۰ AH for a Sayyid and his male children, generation after generation. Now his children are spread in different cities, and all of the Sadat's children share these estates and it is difficult to get their permission. Further, it seems that a number of non-Sadat have been the tenants of the mortmain-holders. For more than ۱۰۰ years, there have been no renting or leasing, and a small amount was paid to the leasers as the rent, which was only paid to some of them because others were out of reach. For a time, the leasers and the lessees, for some reasons, including the absence of the original document, agreed on the terms, but the children of Sadat have started to ask for an updated rent which is many times as it used to be. The lessee claim that-having granted the authenticity of the mortmain- because their fathers and their forefathers have cultivated some parts of the lands and have reconstructed the ruins, they are entitled not to pay an up-dated rent. We ask Your Eminence to grant us the permission to take possession and settle in the parts of the estate in charge of our fathers and ancestors till now, and please determine the way rents should be calculated and what the lessees have to do. We ask Your Eminence to write the response to our letter in the space above because we need it urgently. Dhou'l-Hijjah ۱۳, ۱۳۸۲ AH." This permission has been written in reply to the following letter: " What is Your Eminence's opinion about this issue: There is a village in Taleqan district that has been assigned as a mortmain since ۹۰۰ AH for a Sayyid and his male children, generation after generation. Now his children are spread in different cities, and all of the Sadat's children share these estates and it is difficult to get their permission. Further, it seems that a number of non-Sadat have been the tenants of the mortmain-holders. For more than ۱۰۰ years, there have been no renting or leasing, and a small amount was paid to the leasers as the rent, which was only paid to some of them because others were out of reach. For a time, the leasers and the lessees, for some reasons, including the absence of the original document, agreed on the terms, but the children of Sadat have started to ask for an updated rent which is many times as it used to be. The lessee claim that-having granted the authenticity of the mortmain- because their fathers and their forefathers have cultivated some parts of the lands and have reconstructed the ruins, they are entitled not to pay an up-dated rent. We ask Your Eminence to grant us the permission to take possession and settle in the parts of the estate in charge of our fathers and ancestors till now, and please determine the way rents should be calculated and what the lessees have to do. We ask Your Eminence to write the response to our letter in the space above because we need it urgently. Dhou'l-Hijjah ۱۳, ۱۳۸۲ AH."