I have delivered a sum of money to one of the companies for the purpose of acquiring a residence in a residential complex, knowing that this complex has not yet been built, and I subsequently requested the return of the amount, and they agreed to that, and this was after a period of time.
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The questioner : May Allah reward you. The questioner says: I have delivered a sum of money to one of the companies for the purpose of acquiring a house in a residential complex, knowing that this complex has not yet been built. I subsequently requested the return of the amount, and they agreed to that, and this was after a period of time. Is there zakah on this amount, and is this sale permissible, knowing that the complex has not yet been built?
The Shaykh : The scholars say that in the sale of real estate, description is not sufficient; description is not sufficient. So if a person has a house and offers it for sale, he must show it to the buyer by sight, because no matter how you describe the house, you will not reach the limit of what is in the buyer's mind. If I say, for example, the room is four meters by six meters and I describe it completely, it will not reach the limit of what is in the buyer's mind except by what? Except by sight. For this reason, they said that in the sale of real estate, seeing the item is necessary, and description is not sufficient. This opinion is correct, but there is another opinion that says it is permissible to sell it by description, and the buyer has the option if he sees it. What does it mean that he has the option if he sees it? It means that if he sees it, he may either confirm the sale or return it.
As for if it has not been built, this is the cause of all causes; what is the cause? Because first, it is not standing, and second, we see that some people play with people's minds and their money, earning large sums of money on the pretext that they will establish a project there, and then years pass after years, and the people demand it from him, and he delays, either because he has engaged the money in something else, or because the costs increased and became difficult, or for other reasons. For this reason, we see that the sale of houses and shops that have not been built is not permissible. What makes him rush? He should wait. As for selling them before they are built, this leads to problems. How many people have come to complain about something like this, saying, "We donated and contributed, and we are still demanding the project owner to build it, and he delays." This leads to problems, and people's money is held up with this man. For this reason, we forbid it and say, praise be to Allah, do not rush; be deliberate. And if you are deliberate, the general rule is that safety lies in deliberation.
Yes, here, how long was I absent? How long was I absent? Ten minutes? Okay, no, my brother, woe to the defrauders. Rest. Yes.
The Shaykh : The scholars say that in the sale of real estate, description is not sufficient; description is not sufficient. So if a person has a house and offers it for sale, he must show it to the buyer by sight, because no matter how you describe the house, you will not reach the limit of what is in the buyer's mind. If I say, for example, the room is four meters by six meters and I describe it completely, it will not reach the limit of what is in the buyer's mind except by what? Except by sight. For this reason, they said that in the sale of real estate, seeing the item is necessary, and description is not sufficient. This opinion is correct, but there is another opinion that says it is permissible to sell it by description, and the buyer has the option if he sees it. What does it mean that he has the option if he sees it? It means that if he sees it, he may either confirm the sale or return it.
As for if it has not been built, this is the cause of all causes; what is the cause? Because first, it is not standing, and second, we see that some people play with people's minds and their money, earning large sums of money on the pretext that they will establish a project there, and then years pass after years, and the people demand it from him, and he delays, either because he has engaged the money in something else, or because the costs increased and became difficult, or for other reasons. For this reason, we see that the sale of houses and shops that have not been built is not permissible. What makes him rush? He should wait. As for selling them before they are built, this leads to problems. How many people have come to complain about something like this, saying, "We donated and contributed, and we are still demanding the project owner to build it, and he delays." This leads to problems, and people's money is held up with this man. For this reason, we forbid it and say, praise be to Allah, do not rush; be deliberate. And if you are deliberate, the general rule is that safety lies in deliberation.
Yes, here, how long was I absent? How long was I absent? Ten minutes? Okay, no, my brother, woe to the defrauders. Rest. Yes.