Question
Zaid owns a house which he has divided into 4 parts:
- A – double-story section rented.
- B – single-story section rented.
- C – single-story section rented.
- D – garage rented.
Amr buys B and C for cash. A and D are bought on credit with a stipulated monthly instalment which will be paid off.
Zaid stipulates a condition that until A and D are paid for in full, he will still earn the rental income from them every month.
Is this transaction permissible?
Answer
Regarding the purchase of the house in the mentioned scenario (wherein it is understood that the owner intends selling the house with the condition that the rent will still be paid to him until the money is fully paid); such a transaction is termed in Sharee’ah as Bai’-e-Faasid (incorrect/corrupttransaction). To conduct such a transaction will hence not be permissible.
In a general sale transaction, from the time that the transaction is concluded, the purchased item comes into the ownership of the buyer, and comes out of the ownership of the seller, even though there may be an agreement that the purchase price (whole or part) will be paid on a mutually agreed credit basis. The seller does not have any right of imposing a condition in the sale whereby he derives some benefit from the item that he sold (such as in the enquired case where he has stipulated the condition that the purchaser will be obliged to pay rental until the purchase price is fully
settled). Hence, to conduct such a sale transaction with the condition of deriving benefit from thesold item is impermissible.
Checked and Approved By:
Mufti Muhammed Saeed Motara Saheb D.B.
References
(وَلَوْ كَانَ الْبَيْعُ بِشَرْطٍ لَا يَقْتَضِيهِ الْعَقْدُ وَفِي نَفْعِ لِأَحَدِ الْمُتَعَاقِدَيْنِ) أَيْ الْبَائِعِ وَالْمُشْتَرِي أَوْ لِمَبِيعِ يَسْتَحِقُ النَّفْعَ بِأَنْ يَكُونَ آدَمِيًّا (فَهُوَ أَيْ هَذَا الْبَيْعُ فَاسِدٌ) لِمَا فِيهِ مِنْ زِيَادَةٍ عَرِيَّةٍ عَنْ الْعِوَضِ فَيَكُونُ رِبًا وَكُلُّ عَقْدِ شُرِطَ فِيهِ الرِّبَا يَكُونُ فَاسِدًا.
مجمع الأنهر في شرح ملتقى الأبحر ج ۳ ص ۹۰ دار الكتب العلمية
خلاصة الفتاوي ج 3 ص ٥٠ مكتبة رشيدية 1
فتاوى محمودية ج ۱۶ ص ۸۹ جامعة فاروقية
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