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The question

Is it permissible for two brothers to write a contract between them stipulating the division of land ownership at a rate of 70% for the one who built and 30% for the one who bought, with the debtor promising to pay later? And should the debt be paid in the original currencies or their value in dollars, taking into account the change in currency values over time? And should the original value of the debt be paid, or the market value of the property at the time of payment?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If two individuals share ownership, one contributing the land and the other the construction, and they wish to equalize their ownership, the value of the land and the building should be assessed. The person with the lower value then pays the difference, which remains a debt upon them. The difference in currencies does not matter. Both parties can agree on a different currency at the rate of the payment day, or they can agree on varying ownership percentages without a debt. They can also promise each other that one will buy the other's share in the future, bearing in mind that this is merely a promise and not a sales contract. As for the increase or decrease in the property's value, it does not affect the agreed-upon debt. If the property is sold, each party takes their share, and the debtor settles what is owed.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
17221
Imported
Translation status
Source text, unreviewed
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