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What is the legal ruling regarding the second partner demanding his share of the annual factory income, after the first partner refused to sell his share of the building and requested his share of its income, knowing that the second partner's share of the factory's value is still pending?

1 min readAlso available in العربية

If the share of each partner in the factory and the building is known, then the sale of one's share to the other is valid and binding after fulfilling its conditions and pillars, and the ownership of the factory and its yield transfers to the buyer.

Regarding the price: - If the price is a debt owed by the buyer, to be paid upon the sale of the building, then the contract is void due to the ambiguity of the term (period of payment). Ambiguity in the term invalidates the contract according to the majority of scholars, as stated in "Al-Majmoo‘" and "Al-Fawakeh Al-Dawani." The contract is considered as if it never existed, and half of the factory remains the property of the seller. - However, if the price is a known portion of the building, then the sale is valid, and the factory transfers completely to the buyer, and his ownership in the building decreases by the agreed-upon price.

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

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