Erken Modern Dönem Osmanlı İstanbul’unda Vakıf Gayrimenkullerin (Müsakkafât) Kiralanmasında Emsal Ücret
The Adequate Price of Waqf Buildings in Rental Transactions in İstanbul in the Early Modern Period

Summary/Abstract: This study examines the application of ecr-i misil (equivalent rent) regarding waqf properties with roofs (müsakkafât) in early modern Istanbul, covering the period between the 16th and 18th centuries. Although Islamic legal tradition stipulates that waqf properties cannot be rented below the marketequivalent price, the actual adherence to this rule in Ottoman practice remains debatable. The study analyzes the issue on both theoretical and practical levels: legal opinions (fatwas) of Ottoman muftis and şeyhülislams were reviewed for the theoretical aspect, while archival data from the Istanbul Sharia Court Registers were examined for practical insights. The findings indicate that while there was a scholarly consensus on the necessity of adhering to the equivalent rent, practical deviations occurred due to economic constraints and structural circumstances. In addition, it has been determined that the method of muaccele and müeccele leasing is applied in all examples related to the practical aspects of the issue.

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