The ruling on stipulating rent when a sale contract is rescinded
Machine translationRead the Arabic original
Question:
The questioner says: Your Eminence the Shaykh, what is the ruling on one who sold a property for a known amount in annual installments over a limited period, and stipulated in the sale contract that if the contract is rescinded due to non-payment, the buyer shall be considered a tenant of the property for a specified amount for each year that has passed.
Answer:
He set a condition in the contract that is not valid. The Messenger (peace and blessings be upon him) forbade two sales in one sale, and said: “It is not permissible to combine a loan with a sale, but sell with a decisive sale.” If he delays, and if the courts and the rulers are available, he should thank them if it becomes difficult for him to obtain his right, so that the sale is decisive with known installments. This is what is obligatory. Yes.
The questioner says: Your Eminence the Shaykh, what is the ruling on one who sold a property for a known amount in annual installments over a limited period, and stipulated in the sale contract that if the contract is rescinded due to non-payment, the buyer shall be considered a tenant of the property for a specified amount for each year that has passed.
Answer:
He set a condition in the contract that is not valid. The Messenger (peace and blessings be upon him) forbade two sales in one sale, and said: “It is not permissible to combine a loan with a sale, but sell with a decisive sale.” If he delays, and if the courts and the rulers are available, he should thank them if it becomes difficult for him to obtain his right, so that the sale is decisive with known installments. This is what is obligatory. Yes.
Source
أسباب الثبات أمام الفتن — islamhouse.com (42:55)
The Arabic text is a machine transcription of the audio recording.