about some of the conditions stipulated in sales contracts?
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The questioner: ... I want to take the profit, meaning, so I am giving it to you now with some leniency, two thousand and three or four dinars because of your neighborliness, but if you want to sell the place you are living in later, I want to take the difference.
Another questioner: Meaning, half of it.
The questioner: Yes, is this condition something that can be stipulated? Is it permissible, meaning, religiously?
The Shaykh: ... I see it as not permissible with the condition that... it is not permissible for the condition to contradict the sale; meaning, I sell you - for example - this registered car on the condition that you do not use it.
The questioner : Yes.
The Shaykh: This is an invalid condition, but one should stipulate a condition that does not contradict the essence of the contract, the sales contract.
The questioner: Because this contract contains this condition if he sells it with a profit, but he might sell it at a loss, for example.
The Shaykh: Yes, but we are observing.
The questioner: So he accepts the gain and ... .
The Shaykh: Yes.
Another questioner: ... brothers and friends, three of us will take this ... building and the neighbors next to it, and I am holding the work and it is in my hand, I said to them: My brother, when it becomes like this on the condition that we live in our apartments, so you will be ... I said to them: and whoever sells his place before he settles his amount and the completion of the work ... this place, half of it returns to the workshop for the work, and half of it he puts in his pocket and it is with him, and whoever remains fixed until the work is finished and registers his full right, he is free after the workshop is finished, so some of them sold, we got into an argument, he said: they went to the Shaykh of al-Qal'ajiyah and he told them: every sale with this condition is not correct. I said to them: in any case, I will not give you your right nor will I let go until I understand the ruling is correct.
The Shaykh: Let Abu Ahmad come then.
The questioner : May Allah bless you.
Another questioner: Meaning, half of it.
The questioner: Yes, is this condition something that can be stipulated? Is it permissible, meaning, religiously?
The Shaykh: ... I see it as not permissible with the condition that... it is not permissible for the condition to contradict the sale; meaning, I sell you - for example - this registered car on the condition that you do not use it.
The questioner : Yes.
The Shaykh: This is an invalid condition, but one should stipulate a condition that does not contradict the essence of the contract, the sales contract.
The questioner: Because this contract contains this condition if he sells it with a profit, but he might sell it at a loss, for example.
The Shaykh: Yes, but we are observing.
The questioner: So he accepts the gain and ... .
The Shaykh: Yes.
Another questioner: ... brothers and friends, three of us will take this ... building and the neighbors next to it, and I am holding the work and it is in my hand, I said to them: My brother, when it becomes like this on the condition that we live in our apartments, so you will be ... I said to them: and whoever sells his place before he settles his amount and the completion of the work ... this place, half of it returns to the workshop for the work, and half of it he puts in his pocket and it is with him, and whoever remains fixed until the work is finished and registers his full right, he is free after the workshop is finished, so some of them sold, we got into an argument, he said: they went to the Shaykh of al-Qal'ajiyah and he told them: every sale with this condition is not correct. I said to them: in any case, I will not give you your right nor will I let go until I understand the ruling is correct.
The Shaykh: Let Abu Ahmad come then.
The questioner : May Allah bless you.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.