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Can the buyer object to the continued presence of an unpaved road within his land, based on documents proving that the official road is outside the sold land, and that it causes him harm, especially since the sale is merely a bill of sale?

1 min readAlso available in العربية

It is not permissible for the two parties to a sale to stipulate conditions that contradict the nature of the contract, such as the seller stipulating to the buyer that he should not sell, build, or change the shape of the land. This is due to the Prophet's (peace be upon him) prohibition of "selling with a condition." Scholars have differed regarding a sale accompanied by a condition that contradicts the nature of the contract. The majority hold that such a sale is void, while some maintain the validity of the sale but the invalidity of the condition. Therefore, if it is possible to return the land and reclaim the money, that is preferable due to the invalidity of the contract according to the majority and as a precaution for one's religion. If it is not possible to return it, then there is no harm in upholding the sale while nullifying the condition, following the opinion of the Hanbalis and some Shafi'is. In this case, it is permissible to remove the line from the land if no harm is feared.

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

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