I started building a villa, and during the construction, one of the brothers said, “I want to buy it from you.” So I promised him that I would sell him this villa and asked him to supervise it in exchange for a fee.
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The questioner : I started building a villa, and during the construction, one of the brothers said: “I want to buy it from you.” So I promised him that I would sell him this villa and asked him to supervise it in exchange for a fee for him. He started working, and the funds I had ran out, so he started spending from his own money. And after...
The Shaykh : ... ؟
The questioner : from his own money.
The Shaykh : Yes.
The questioner : And after the building was finished, I sold it and deducted the debt he owed me. Is this a loan that brought benefit?
The Shaykh : It is not a loan that brought benefit, because the one benefiting is also the buyer. However, a person should be careful not to sell a villa, house, or apartment before its construction is complete, because such matters cannot be grasped by description alone. If it is sold by description, the description may not match what the buyer wanted. For this reason, the scholars said: It is a condition that the item being sold be known by sight, or by a description in the case of a house and the like, where the description cannot fully encompass it. Yes.
The questioner : May Allah reward you. The female questioner, J al-Farikh, says.
The Shaykh : ... ؟
The questioner : from his own money.
The Shaykh : Yes.
The questioner : And after the building was finished, I sold it and deducted the debt he owed me. Is this a loan that brought benefit?
The Shaykh : It is not a loan that brought benefit, because the one benefiting is also the buyer. However, a person should be careful not to sell a villa, house, or apartment before its construction is complete, because such matters cannot be grasped by description alone. If it is sold by description, the description may not match what the buyer wanted. For this reason, the scholars said: It is a condition that the item being sold be known by sight, or by a description in the case of a house and the like, where the description cannot fully encompass it. Yes.
The questioner : May Allah reward you. The female questioner, J al-Farikh, says.