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The question

Is the sale of the refrigeration project established by the father Islamically permissible, and is the central market adjacent to the warehouse considered part of the sale, given that the market was built after the warehouse and separated from it by a passageway, and that the sale agreement stipulated the sale of "the refrigeration warehouse... with all buildings, machinery, equipment, and all appurtenances belonging to the aforementioned refrigeration warehouse"?

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

If the factory is sold at market price, the sale is valid and enforceable, and the potential loss is acceptable. However, if it is sold for less than its market price, the sale is invalid; this is because jurists stipulated that the sale of a bankrupt's assets must be at the market value. Therefore, the father has the right to object to the ruling, especially since the installment sale harmed the bankrupt's interest by tying up the mortgaged asset.

As for the inclusion of buildings in the sale of land, jurists have differed on this matter. The preponderant opinion is that buildings are included in the sale of land even if not explicitly mentioned, because they are connected to it and to ensure the stability of transactions. However, if the contract explicitly states the inclusion of buildings, then there is no dispute. Disputed issues are resolved by the ruling of the judge.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
57349
Imported
Translation status
Source text, unreviewed
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