Is it permissible to purchase a building from a brother, with the bank paying a portion of the amount and the remainder being paid in installments from the rent over ten years, on condition that the brother lives in the building for free during this period? Is this sale free of usury?
Firstly: Generally, purchasing homes through banks takes two forms: the first is a usurious loan, which is prohibited, and the second is the bank buying the property and then selling it to the client, which is permissible under certain conditions. It appears from the question that the form of transaction intended is the prohibited one.
Secondly: Scholars have differed regarding the permissibility of a seller stipulating residence in a house for a specific period. The Shafi'is favored impermissibility, while the Hanbalis favored permissibility, which is the more preponderant view. They based their ruling on prophetic traditions and juristic opinions, such as the hadith of Jabir, who sold a camel to the Prophet, peace and blessings be upon him, and stipulated its back (right to ride it) until Medina.
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