Fatwa No. (1282) Q: The questioner is a construction contractor who suffered a severe loss. The National Bank had been extending credit to him, and he had a mortgage with the bank.
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Fatwa No. (1282)
Q: The questioner is a construction contractor who suffered a severe loss. The National Bank had been extending credit to him, and he had a mortgage with the bank. When the debt exceeded the value of the mortgage, the bank stopped extending credit. The people of the buildings, the workers, the craftsmen, and the other creditors pressed him for payment. He had two female slaves,
and the creditors demanded that he sell them so he could pay their rights from the proceeds. He claimed that he had freed them, but they forced him to sell them. He sold them to a man who freed them immediately after the purchase. He asks whether the sale of the female slaves is valid, or whether the freeing of them is valid and the sale is invalid, requiring him to return the price to the one who bought them from him? He notes that the mortgage held by the bank has increased in value and now equals the debts and has a surplus. This is the end of the question.
A: Your freeing of the female slaves is valid, and your sale of them after freeing them took place while they were free, so the sale is not valid. You must return the price to the one who bought them and explain the situation to him, lest he have freed them in something obligatory upon him, such as an expiation or the like, so that he may make up what he missed. You should ask him for forgiveness and leniency, seek forgiveness from Allah, and repent to Him. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Q: The questioner is a construction contractor who suffered a severe loss. The National Bank had been extending credit to him, and he had a mortgage with the bank. When the debt exceeded the value of the mortgage, the bank stopped extending credit. The people of the buildings, the workers, the craftsmen, and the other creditors pressed him for payment. He had two female slaves,
and the creditors demanded that he sell them so he could pay their rights from the proceeds. He claimed that he had freed them, but they forced him to sell them. He sold them to a man who freed them immediately after the purchase. He asks whether the sale of the female slaves is valid, or whether the freeing of them is valid and the sale is invalid, requiring him to return the price to the one who bought them from him? He notes that the mortgage held by the bank has increased in value and now equals the debts and has a surplus. This is the end of the question.
A: Your freeing of the female slaves is valid, and your sale of them after freeing them took place while they were free, so the sale is not valid. You must return the price to the one who bought them and explain the situation to him, lest he have freed them in something obligatory upon him, such as an expiation or the like, so that he may make up what he missed. You should ask him for forgiveness and leniency, seek forgiveness from Allah, and repent to Him. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.