The ruling on a partner stipulating that his partners sell their shares to him after ten years of partnership
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Question:
May Allah reward you. Also, Honorable Shaykh, he has a question similar to the previous one. The brother S. from Riyadh says: I have a piece of land that is my property. I agreed with five of my colleagues that we would pay a sum of money to turn this land into a rest area that we would rent out. I stipulated to them that after ten years, each of these five must sell his share to me. Is this stipulation valid?
Answer:
This is not valid. If they buy it with your consent and pay the price, it becomes their property. You cannot restrict them from doing so. If they wish, they can sell it to you, and if they wish, they can sell it to someone else. However, you have the right of pre-emption if they sell it to someone else, as mentioned previously. Yes.
May Allah reward you. Also, Honorable Shaykh, he has a question similar to the previous one. The brother S. from Riyadh says: I have a piece of land that is my property. I agreed with five of my colleagues that we would pay a sum of money to turn this land into a rest area that we would rent out. I stipulated to them that after ten years, each of these five must sell his share to me. Is this stipulation valid?
Answer:
This is not valid. If they buy it with your consent and pay the price, it becomes their property. You cannot restrict them from doing so. If they wish, they can sell it to you, and if they wish, they can sell it to someone else. However, you have the right of pre-emption if they sell it to someone else, as mentioned previously. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، حكم اشتراط الشريك على شركائه بيع حصصهم بعد عشر سنوات من الشراكة - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
