Is it permissible to sell a residential plot of land encumbered by a state-backed mortgage loan for a price higher than its value, on condition that the buyer repays the loan upon receiving it from the bank?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The aforementioned sale is invalid because the increase over the land's price is a loan stipulated upon the buyer, and a sale conditional on a loan is فاسد (void/corrupt) according to the majority of jurists from the Hanafis, Malikis, Shafi'is, and one of the two narrations from Ahmad. The sale is also invalidated due to the unknown price and its not being mentioned separately from the loan, as well as due to combining two transactions in one contract, which is Islamically prohibited.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/72996
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 72996
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy