What is the ruling on my participation in a public auction to buy an apartment owned by someone, who then relinquishes it so that its owner may acquire it?
The heir has the right to own the apartment through auction, and he has the right of pre-emption if a foreigner acquires it. However, he is not permitted to obstruct the sale of the apartment or diminish its value by residing in it, as this harms the other heirs. This stratagem is permissible if its purpose is to preserve his right to own the apartment at its true price, not at a reduced price due to his residency. But if the stratagem will lead to the loss or diminution of the rights of the other heirs, then it is not permissible. This is because a stratagem is good if the intention is good, and ugly if the intention is ugly. Every stratagem that involves abrogating a right owed to Allah or to a human being is among those by which forbidden things are made lawful.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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