Is a mother entitled to recover the remaining amount from the sale of land, or a portion of the land, or the value of the remaining amount in gold according to the 2010 value in 2019, after the buyer offered the land for sale at a much higher price than the agreed-upon purchase price?
The mother stipulated that the land be built upon for her children, not sold, and this is a matter of scholarly disagreement. The majority invalidate both the condition and the contract, and the price and land are returned. As for the Hanbalis, they invalidate the condition but uphold the contract, and the seller is given the choice between rescinding the contract or taking compensation for the defect. There might not be any compensation, in which case the seller is given the choice between rescinding and affirming the contract. To resolve the dispute, the two parties can reconcile, otherwise, the matter requires a ruling from a judge or an arbitration council.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 173434
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy