Is it permissible to sell hotel accommodations purchased from a foreign tourism company for more than the purchase price, knowing that the company prohibits their sale and stipulates that gifting must be without financial consideration?
The questioner does not incur sin if she compensates for this stay, because she has taken possession of the usufruct and is therefore permitted to exchange it for compensation. She is not obligated to adhere to the lessor's condition, especially since he authorized its gift. Thus, the condition of not renting it out is a void condition that does not invalidate the contract, according to the preponderant opinion.
This is supported by the narration of 'Aisha - may Allah be pleased with her - in the story of Barirah, and the saying of the Prophet, peace and blessings be upon him: "Any condition not found in the Book of Allah is void, even if there were a hundred conditions." So he nullified the condition but not the contract.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
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- Ftawy
- Original fatwa ID
- 140931
- 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