The ruling on the seller and buyer agreeing on a price that the partner cannot pay
Machine translationRead the Arabic original
The questioner : If the seller and buyer agree on a price that the partner cannot pay.
The Shaykh : Yes, it is a stratagem.
The questioner : Can the partner pay it?
The Shaykh : Yes, he is taken by the value. He is taken by the value according to the correct opinion, because this agreement is not a reality. He displays that it is for one hundred thousand, while he is selling it for ten thousand. Yes? No, the first is the reality, but this is not a favor in the first place. No, no. He displays a high price in order to prevent the partner from exercising his right of pre-emption. What is your question? Yes, it is undoubtedly a favor, but this is a stratagem. Of course, we know that if we say, if I sell it to you for ten thousand, he would take it by pre-emption and it would be easy for him, but we want to show people that it is for one hundred thousand.
The Shaykh : Yes, it is a stratagem.
The questioner : Can the partner pay it?
The Shaykh : Yes, he is taken by the value. He is taken by the value according to the correct opinion, because this agreement is not a reality. He displays that it is for one hundred thousand, while he is selling it for ten thousand. Yes? No, the first is the reality, but this is not a favor in the first place. No, no. He displays a high price in order to prevent the partner from exercising his right of pre-emption. What is your question? Yes, it is undoubtedly a favor, but this is a stratagem. Of course, we know that if we say, if I sell it to you for ten thousand, he would take it by pre-emption and it would be easy for him, but we want to show people that it is for one hundred thousand.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 3666 - 4600 لو تواطأ البائع والمشتري على رفع قيمة المبيع حتى لا يستطيع الشريك الشفعة...؟ ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.