Retracting a land sale after acceptance without a contract
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. He says: I have a piece of land that I offered for sale. A man came and accepted to buy it, and we parted on that without any money changing hands and without any written agreement. After a few days, I retracted my sale. Is this retraction permissible for me?
Answer:
This depends on whether a contract of offer and acceptance was issued from you. If you said, "I sold it to you," and he said, "I bought it," then it is not permissible for you to retract except with the consent of the other party. However, if the conversation was merely a promise, and no offer or acceptance was issued from you, but it was only a promise, then it is possible. Yes.
He says: Honorable Shaykh, may Allah grant you success. He says: I have a piece of land that I offered for sale. A man came and accepted to buy it, and we parted on that without any money changing hands and without any written agreement. After a few days, I retracted my sale. Is this retraction permissible for me?
Answer:
This depends on whether a contract of offer and acceptance was issued from you. If you said, "I sold it to you," and he said, "I bought it," then it is not permissible for you to retract except with the consent of the other party. However, if the conversation was merely a promise, and no offer or acceptance was issued from you, but it was only a promise, then it is possible. Yes.
Source
شرح كتاب المنتقى من أخبار المصطفى صلى الله عليه وسلم، المقدمة، وأول كتاب الطهارة — islamhouse.com (1:16:20)
The Arabic text is a machine transcription of the audio recording.
