The ruling on a seller stipulating the lease of the item sold to settle the price
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The questioner : We had postponed this, and it is our Shaykh, a hadith or a question about a man who wanted to sell a house he owned. The buyer did not have money to pay the full price of that house, or all of it. So the seller agreed to lease the remaining price of the house for a period of two years. When the two years are up, the entire price will have been settled, and the house will belong to that buyer, who is also the lessee at the same time? Does this fall under the prohibition of stipulating a condition in a sale, or two conditions in a sale?
The Shaykh : I mean, during his residence by rent, he pays two things: he pays the monthly rent on one hand, and the rest of the price, or how?
The questioner : No, our Shaykh, the buyer does not pay. The buyer is done; the house is now his. The seller leased the house, which is his own house.
The Shaykh : Oh, the seller leased it.
The questioner : The seller himself leased his house to settle the remaining price from the buyer for a period of two years, for example. I mean, for example, one thousand dinars remained. He sold it for five, he paid him four, and said to him, "I do not have with me but one thousand." He said to him, "By Allah, I need the house for these two years; I have children here."
The Shaykh : And upon you be peace. The army, for example, or something like that.
The questioner : So I need the house now, so you lease it to me. As long as you do not have money, you lease it to me for two years, and we come out clear, this is that.
The Shaykh : Yes. I mean, here a sale and a condition are present.
The questioner : That is right, the same questioner, may Allah reward him with good. It seems he is well-versed in fiqh; he mentioned this and said, "Does this fall under the prohibition, or does it incur the prohibition of a condition and a sale?"
The Shaykh : We have spoken about a question like this. The condition that is prohibited in a sale is the one that contradicts the sale. As for the one that does not contradict the sale, it is not prohibited, as evidenced by the hadith of Jabir, where he stipulated the back of his camel to Madinah. And the one who stipulated was the seller. But if he stipulates a condition that prevents the buyer, for example, from benefiting from the item sold, that is the condition that is prevented. So if the situation is as you say, the buyer
The Shaykh : I mean, during his residence by rent, he pays two things: he pays the monthly rent on one hand, and the rest of the price, or how?
The questioner : No, our Shaykh, the buyer does not pay. The buyer is done; the house is now his. The seller leased the house, which is his own house.
The Shaykh : Oh, the seller leased it.
The questioner : The seller himself leased his house to settle the remaining price from the buyer for a period of two years, for example. I mean, for example, one thousand dinars remained. He sold it for five, he paid him four, and said to him, "I do not have with me but one thousand." He said to him, "By Allah, I need the house for these two years; I have children here."
The Shaykh : And upon you be peace. The army, for example, or something like that.
The questioner : So I need the house now, so you lease it to me. As long as you do not have money, you lease it to me for two years, and we come out clear, this is that.
The Shaykh : Yes. I mean, here a sale and a condition are present.
The questioner : That is right, the same questioner, may Allah reward him with good. It seems he is well-versed in fiqh; he mentioned this and said, "Does this fall under the prohibition, or does it incur the prohibition of a condition and a sale?"
The Shaykh : We have spoken about a question like this. The condition that is prohibited in a sale is the one that contradicts the sale. As for the one that does not contradict the sale, it is not prohibited, as evidenced by the hadith of Jabir, where he stipulated the back of his camel to Madinah. And the one who stipulated was the seller. But if he stipulates a condition that prevents the buyer, for example, from benefiting from the item sold, that is the condition that is prevented. So if the situation is as you say, the buyer
Source
سلسلة الهدى والنور، المجلس 936 — d3watuna.com (2:04)
The Arabic text is a machine transcription of the audio recording.