Selling to a third party after agreeing with a previous party and relinquishing the property for a sum of money
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Fatwa number ( 15875 )
Q: We rented a shop for a period of 20 years. After this period, the owner of the shop proposed selling it to us. We agreed on the price and gave him half of the amount. But after a short time, the owner of the shop agreed with another man to sell him the shop. The buyer came to us, and we asked to relinquish the shop in exchange for him paying us a sum of money. We agreed to that amount, received the money, and left the shop. The question here is: 1- What is the ruling on that sale by the owner of the shop after he had agreed with us?
2- What is the ruling on the amount we received from the buyer?
A: The first sale is valid, but the sale by the owner of the shop after agreeing with you is not valid; because he disposed of what he does not own. As for your relinquishing the shop to another person and taking the money from him, there is nothing wrong with it.
Q: We rented a shop for a period of 20 years. After this period, the owner of the shop proposed selling it to us. We agreed on the price and gave him half of the amount. But after a short time, the owner of the shop agreed with another man to sell him the shop. The buyer came to us, and we asked to relinquish the shop in exchange for him paying us a sum of money. We agreed to that amount, received the money, and left the shop. The question here is: 1- What is the ruling on that sale by the owner of the shop after he had agreed with us?
2- What is the ruling on the amount we received from the buyer?
A: The first sale is valid, but the sale by the owner of the shop after agreeing with you is not valid; because he disposed of what he does not own. As for your relinquishing the shop to another person and taking the money from him, there is nothing wrong with it.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.
