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He opens an account on a downloading website, then he rents this account to others

06-04-2012

Question 163352

There are websites for downloading files from the Internet. On these sites, the user opens accounts for quick and unlimited downloading, in return for a monthly subscription fee. Some friends and I set up a downloading website connected to all these downloading sites, in return for a monthly fee paid to our website only, and it is lower than the monthly fee on only one of these websites.
The cost of subscription to the Rapidshare website is forty dollars. Subscription to Megaupload is thirty dollars.
Subscription to our website (for downloading from all of these sites) is only twenty dollars.
Please note that downloading will be done from our website through accounts that are already paid for on each of these websites. What is meant is that we have accounts on each of these sites for downloading through them, and we pay for that, but of course after that we will cover these costs with the income we generate. 
Please note also that some of these websites do not allow sharing accounts for more than one user.
I hope that I have explained clearly.

Answer

Praise be to Allah.

It is permissible for the one who opens an account on a downloading website to allow others to share his account for free or in return for payment on condition that the downloading website has not stated that sharing accounts is not allowed, because “the Muslims are bound by their conditions,” as was narrated by Abu Dawood (3594) and classed as saheeh by al-Albaani in Saheeh Abi Dawood. 

And because sharing accounts may lead to overcrowding and putting a lot of pressure on the website and slowing down its operation. So if it is stated that that is not allowed, it is obligatory to adhere to that, even though the basic principle with regard to hiring or renting is that the one who rents something may benefit from it himself or allow others to do so. But the fact that harm maybe caused in this case dictates that it is not allowed, unless the one that is renting it out gives permission or does not say anything. 

See also the answer to question no. 105749 for the ruling on selling or renting out download services on the Internet. 

And Allah knows best.

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