Back to search
The question

What is the ruling on transferring ownership of half a plot of land to a person in exchange for his debt, given that the ownership of the land was transferred one year after the agreement?

Share this answer

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

The scenario mentioned by the questioner, concerning the purchase of land with the condition that ownership is not transferred until the final installment, contains a condition that contradicts the essence of the contract. This is a matter of disagreement among scholars: the majority hold that the contract is invalid, while some maintain the validity of the sale and the invalidity of the condition.

It is preferable to avoid a contract that contains an invalid condition. If the contract has already been executed, the safer approach is to adopt the view of the majority, which deems the contract invalid. Therefore, it is impermissible to sell a portion of the land to the cousin, and the money must be returned to him. In any case, selling to the cousin with the condition that he is prohibited from selling is invalid according to the majority, due to the presence of a condition that contradicts the essence of the contract.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
93393
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy