Back to search
The question

Is it permissible to use a general power of attorney to sell the father's share of his father's house to his son, with the intention of returning the rights to the brothers and mother later?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

General agency is a matter of scholarly disagreement. Some scholars prohibit it due to the presence of (excessive uncertainty), while others validate it. Special agency, however, is valid without dispute. The Hanafis and Malikis validate general agency, whereas the Shafi'is and Hanbalis do not validate it due to the significant gharar it entails. The agent acts within the limits of what the principal has authorized him to do, and it is not permissible for him to exceed that. It is also not permissible for an agent in a sale to sell to himself without the permission of his principal.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
177517
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