I, O Shaykh, bought a piece of land from my brother, and my brother stipulated that I not sell it. Is this condition valid?
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The questioner : He says:The questioner : Peace be upon you. I, O Shaykh, bought a piece of land from my brother, and my brother stipulated that I not sell it. Is this condition valid?
The Shaykh : Yes, if the seller stipulates to the buyer that he not sell what he bought, this is a condition that contradicts the contract, because the implication of buying is that the buyer is what? The owner who disposes of it as he wishes. This is restraining it. He said: Do not sell it. But if the seller has an interest, if the seller has an interest in the buyer not selling it, then the condition is valid. An example is a man who has a slave, and he is valuable in his own estimation. So a friend of his came to him and said to him: Sell me the slave. He said: By Allah, the slave is valuable to me, and I do not wish to sell him. He said: Sell him. He said: I do not wish to sell him except on the condition that you do not sell him, and that if you wish to sell him, you sell it to me alone. So is this condition in that case permissible or not permissible? It is permissible, because it contains a valid interest. Likewise, if a man has a cow and sells it to a person, saying: On the condition that you do not sell it to so-and-so, because so-and-so tortures cows, for example, he overworks them or does not use them for plowing, the point is that he harms them. So this condition is valid.
Yes.
The questioner : He says:The questioner : What are the types of forbidden sales?
The Shaykh : This, if Allah wills, will come in the next lesson.
The Shaykh : Yes, if the seller stipulates to the buyer that he not sell what he bought, this is a condition that contradicts the contract, because the implication of buying is that the buyer is what? The owner who disposes of it as he wishes. This is restraining it. He said: Do not sell it. But if the seller has an interest, if the seller has an interest in the buyer not selling it, then the condition is valid. An example is a man who has a slave, and he is valuable in his own estimation. So a friend of his came to him and said to him: Sell me the slave. He said: By Allah, the slave is valuable to me, and I do not wish to sell him. He said: Sell him. He said: I do not wish to sell him except on the condition that you do not sell him, and that if you wish to sell him, you sell it to me alone. So is this condition in that case permissible or not permissible? It is permissible, because it contains a valid interest. Likewise, if a man has a cow and sells it to a person, saying: On the condition that you do not sell it to so-and-so, because so-and-so tortures cows, for example, he overworks them or does not use them for plowing, the point is that he harms them. So this condition is valid.
Yes.
The questioner : He says:The questioner : What are the types of forbidden sales?
The Shaykh : This, if Allah wills, will come in the next lesson.