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The question

What is the ruling on selling something a prisoner was forced to sell and did not agree to, and selling a property belonging to him while he was in prison that he did not see, then it became clear that all agreements with the second party were false? And what is the ruling on the prison director's ratification of this sale with official papers and seal?

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

For a sales contract to be valid, the consent of both parties is required, based on the Almighty's saying: "O you who have believed, do not consume one another's property unlawfully but only [in lawful] business by mutual consent" (Quran 4:29), and the Prophet's (peace be upon him) saying: "Indeed, selling is by mutual consent."

However, a person may be compelled to sell for a legitimate Shar'i interest, such as when he owes a right to another and refuses to fulfill it, in which case the ruler compels him to sell what will satisfy the right. As for the mentioned issue, a ruling cannot be given due to lack of knowledge of its circumstances.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
44965
Imported
Translation status
Source text, unreviewed
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