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What is the ruling on an agreement to exchange a known apartment for a reserved apartment of unknown specifications? Is it permissible to exert pressure through legal or customary means to force a waiver of the apartment or to pay its former price? What is the legitimacy of customary arbitration sessions? And is the deceased woman held accountable in Islamic law?

1 min readAlso available in العربية

1. The exchange of apartment (A) for the reservation of apartment (B) is impermissible, because selling a manufactured item before taking possession of it is not allowed, and exchanging a known physical asset for another with unknown specifications is not impermissible.

2. If the other party agrees to sell apartment (A) to you at a price you both agree upon, then there is no objection. Otherwise, it is not permissible to force him to sell. If he refuses, then his apartment is his, and he should return to you what you paid for finishing and utilities, and you should return his apartment to him along with the fair rental value for the period of its use.

3. Customary arbitration and reconciliation sessions are permissible as long as they do not forbid what is lawful or permit what is unlawful. They must adhere to Allah's law and justice.

4. You are permitted to exert pressure through legal or customary means to obtain your legitimate right, without taking more than that.

5. If the mother—may Allah have mercy on her—was ignorant of the impermissibility of what she did, then she will not be held accountable—Allah willing—due to the excuse of ignorance.

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

Read the full answer on Ftawy