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What is the ruling on money gained from selling an apartment that was acquired by falsifying application data?

1 min readAlso available in العربية

Changing the data may invalidate the sale contract. Assuming the contract by which you acquired and then sold the apartment is invalid, the sale price belongs to you, and you are obligated to pay the value of the apartment to the owning entity. Scholars differ regarding the guarantee of what is sold under an invalid contract:

- The Hanafis and Hanbalis: The buyer guarantees the value of the sold item if it perishes. - The Malikis: They differentiate between an invalid sale that is agreed upon [as invalid] and one that is disputed. The former is guaranteed by its value, and the latter by the named price. - The Shafi'is: The buyer guarantees the equivalent (mithl) for fungible items and the highest value (aqsa qimah) for non-fungible items. - Most scholars believe in paying the value of the apartment to the owning entity, but they differ on the time of estimating the value: - The majority of Hanafis and Malikis: The value at the time of possession. - The Hanbalis and some Shafi'is: The value at the time of destruction or perishing. - The adopted view among the Shafi'is: Considering the highest value of the non-fungible item from the time of possession until the time of its perishing.

Based on this, you may be obligated to pay the value of the apartment at the time you received it, or at the time you sold it, or its highest value between these two times. Experts in the field will estimate the value.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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