The Ruling on Announcing the Cancellation of a Sale During the Period of Option After Learning of the Right of Pre-emption
Machine translationRead the Arabic original
Question:
We will begin this episode with this question, in which the questioner says: If a person sells his share in a partnership in a piece of land to another, and during the period of option, after learning that his partner will take this share by pre-emption, he cancels the sale, is that permissible for him?
Answer:
In the name of[Al-Fatihah 1:1-2]. And may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and all his Companions.
To proceed: Pre-emption is an obligatory right, a right prescribed by the Shari'ah for the partner. This is part of his right: to take the share or portion that his partner sold to another man, and to take it for the same price for which he bought it, in order to remove the harm from him and to remove the harm of the partnership in this matter. Pre-emption is established in authentic hadiths, so it is not permissible to use stratagems to nullify it. If he learns that his partner will take the share by pre-emption from the buyer, and then he cancels the sale in order to invalidate the right of his Muslim brother, then this is a matter that is not permissible.
And what is meant by the period of option? The period of option is the option in a sale. If there is an option, it is either the option of the session or the option of a condition between the two parties, such that one of them or both of them have the option for a certain duration. This is the meaning of the option that the Messenger of Allah (peace and blessings be upon him) established, due to his saying:Sunan Ibn Majah 2182Sahih (Darussalam). This is the option of the session. And the option of a condition is when one stipulates that he has the option for a certain period. What is the ruling on paying a deposit? May Allah bless you.
There is no harm in it according to Imam Ahmad. There is no harm in paying a deposit. 'Umar ibn al-Khattab (may Allah be pleased with him) did so when his agent in Makkah bought a house for him. 'Umar (may Allah be pleased with him) said, “Complete the purchase, and if you are not satisfied, the deposit is yours.” 'Umar approved of that.
The presenter:
May Allah reward you,
We will begin this episode with this question, in which the questioner says: If a person sells his share in a partnership in a piece of land to another, and during the period of option, after learning that his partner will take this share by pre-emption, he cancels the sale, is that permissible for him?
Answer:
In the name of
(1) In the name of Allah, the Entirely Merciful, the Especially Merciful. (2) [All] praise is [due] to Allah, Lord of the worlds -
بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ الْحَمْدُ لِلَّهِ رَبِّ الْعَالَمِينَTo proceed: Pre-emption is an obligatory right, a right prescribed by the Shari'ah for the partner. This is part of his right: to take the share or portion that his partner sold to another man, and to take it for the same price for which he bought it, in order to remove the harm from him and to remove the harm of the partnership in this matter. Pre-emption is established in authentic hadiths, so it is not permissible to use stratagems to nullify it. If he learns that his partner will take the share by pre-emption from the buyer, and then he cancels the sale in order to invalidate the right of his Muslim brother, then this is a matter that is not permissible.
And what is meant by the period of option? The period of option is the option in a sale. If there is an option, it is either the option of the session or the option of a condition between the two parties, such that one of them or both of them have the option for a certain duration. This is the meaning of the option that the Messenger of Allah (peace and blessings be upon him) established, due to his saying:
The two parties to a transaction have the choice (of annulling it) so long as they have not yet parted.
البيعان بالخيار ما لم يتفرقاThere is no harm in it according to Imam Ahmad. There is no harm in paying a deposit. 'Umar ibn al-Khattab (may Allah be pleased with him) did so when his agent in Makkah bought a house for him. 'Umar (may Allah be pleased with him) said, “Complete the purchase, and if you are not satisfied, the deposit is yours.” 'Umar approved of that.
The presenter:
May Allah reward you,
Source
نور على الدرب - الفوزان - 03/200 — archive.org (1:01)
The Arabic text is a machine transcription of the audio recording.