Is my approval required for my brother to sell my share of the house, which he bought from me, to another person?
Scholars differed concerning the ruling on the seller stipulating to the buyer that he not sell the purchased item or that he not sell it without his permission. Some went on to say that both the condition and the contract are void, while others went on to say that the sale is valid but the condition is void. The third opinion is that both the sale and the condition are valid, and this was preferred by Sheikh al-Islam Ibn Taymiyyah, based on the principle that the default in contracts and conditions is validity and permissibility unless they contradict the . Based on this last opinion, the mentioned condition is binding, and the buyer is not permitted to sell the house without the seller's permission.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 183236
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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