Is the seller entitled to sue the buyer in court immediately upon receiving the trust receipt for the remaining amount, and before the mentioned due date, on the grounds that he was forced into that date?
It is permissible to sell for a price payable at a known future date, and procrastination in paying the deferred price is forbidden. If the buyer becomes insolvent, the seller may annul the sale. However, if the seller is compelled to accept a term that was not agreed upon at the time of the contract, he may take the matter to court to claim his right before this term; because there is no validity to what was done without consent. But if the agreement at the time of the contract was for a specific term, it must be fulfilled. Annuling the contract and repossessing the property is preferable to litigation and resorting to court, if possible.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 15921
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy