Two men partnered to build a house; the first provided the money and the second provided the land for construction, on the condition that one of them would rent the house.
Machine translationRead the Arabic original
The Shaykh: Yes.
The questioner : Peace be upon you and Allah's mercy.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The questioner : How are you, my sir?
The Shaykh : Praise be to Allah, I am well.
The questioner : My sir, this question requires some detail.
The Shaykh : Good!
The questioner : Two men partnered: one provided a plot of land, and the other provided money, to build an apartment or a house, and one of them utilized it. One of them utilized this building by renting it at a rate equal to the rent in the area where it is located, such that he pays from this rent to his partner. And every month, from what he pays his partner, the value of his partner’s share decreases and his own share increases, until one day he has paid the entire share of his partner, and the house becomes entirely his. Is that permissible?
The Shaykh : There is a deficiency in your question!
The questioner : Yes?
The Shaykh : You are saying one of them partnered with the land?
The questioner : Yes, exactly.
The Shaykh : And the other.
The questioner : With the money.
The Shaykh : With the money.
The questioner: Yes.
The Shaykh : Okay, how much is the money and what is the value of the land?
The questioner : The partnership is in proportion to the price of the land to the amount of money paid, meaning, for example, if the value of the land is ten thousand and the house costs twelve thousand or ten thousand, each has a share according to what he contributed.
The Shaykh : So they are partners in equal shares?
The questioner: Yes.
The Shaykh : Okay, was the apartment built?
The questioner: Yes.
The Shaykh : Okay, did they rent out the apartment or what?
The questioner : One of them utilized it.
The Shaykh : One of them utilized it, so he must pay the equivalent rent.
The questioner: Yes.
The Shaykh : Half to him.
The questioner : And half to that partner.
The Shaykh : And half to that partner.
The questioner: Yes.
The Shaykh : Then, if the partner or one of the partners wishes.
The questioner: Yes.
The Shaykh : To sell his half to the other.
The questioner: Yes.
The Shaykh : It is as if he sold it to someone else.
The questioner : Yes.
The Shaykh : And it does not happen otherwise.
The questioner : Yes, meaning, but this sale must be a long-term sale for the period they agreed upon, meaning for ten thousand, his half, or twelve thousand, or so on. I am selling you my half, for example, for such an amount!
The Shaykh : Meaning, he has to pay him every month.
The questioner : This rent.
The Shaykh : Half the rent?
The questioner: Yes.
The Shaykh: All right.
The questioner : They agreed on a specific time.
The Shaykh : Meaning, in addition to the fact that he is paying him half the rent.
The questioner : Yes, he gives it to the second one!
The Shaykh : Listen, my brother, may Allah guide you.
The questioner : Honor.
The Shaykh : In the time that he gives the rent for half a month or a year, he has agreed with him that he will give him a certain percentage.
The questioner: Yes.
The Shaykh : Of the price of the apartment?
The questioner: Yes.
The Shaykh : And as I said, over the long term.
The questioner: Yes.
The Shaykh : Okay, what is the price of the apartment?
The questioner : You appraise it after it is finished.
The Shaykh : Why is it not finished?
The questioner : It is not finished yet; after it is finished, because prices, as you know, by the permission of Allah (Glorified and Exalted is He), may rise and may fall!
The Shaykh : Yes, and the rent is the same!
The questioner : And the rent is the same.
The Shaykh : So, the summary of the question.
The questioner: Yes.
The Shaykh : Is that one of the partners.
The questioner: Yes.
The Shaykh : Stipulated.
The questioner: Yes.
The Shaykh : That the apartment.
The questioner: Yes.
The Shaykh : Becomes his property one day.
The questioner: Yes.
The Shaykh : On the condition that he pays him the price of the half.
The questioner: Yes.
The Shaykh : The equivalent price?
The questioner: Yes.
The Shaykh : Meaning, whatever its price might be in the market.
The questioner : At the moment of the contract.
The Shaykh : Yes?
The questioner : At the moment of the contract.
The Shaykh : At the moment of the contract?!
The questioner: Yes.
The Shaykh : Okay, and does the contract happen after the completion of the building?
The questioner : Yes, exactly.
The Shaykh : And does one of the partners live in it?
The questioner : Yes, exactly.
The Shaykh : Okay, suppose that the value of half the apartment will be paid off over five years.
The questioner: Yes.
The Shaykh : So, within five years, he will pay rent for two and a half years?
The questioner : No, he has to pay the full amount until it is completed for him.
The Shaykh : What is completed for him?
The questioner : No, two years, two and a half years for his partner.
The Shaykh : I am telling you.
The questioner: Yes.
The Shaykh : I am telling you, after five years, he will pay him the price!
The questioner : You are correct.
The Shaykh : The half?
The questioner: Yes.
The Shaykh : Yes, in these five years, he will give him rent for two and a half years?
The questioner : He will give him the rent for the five years, half of it from the beginning, and half of it he gives to him.
The Shaykh : My brother, what am I saying, may Allah guide you.
The questioner : Bear with me, please!
The Shaykh : He gives him, I am telling you: the one who wants to sell.
The questioner : Yes.
The Shaykh : He gives him the price of the house, he gives it to him over five years.
The questioner : You are correct.
The Shaykh : But in these five years, he gives him rent for two and a half years?
The questioner: Yes.
The Shaykh: All right.
The questioner : Correct.
The Shaykh : Is that what they agreed on, for example?
The questioner: Yes.
The Shaykh : And is each of them satisfied?
The questioner: Yes.
The Shaykh : Yes, there is nothing wrong with it.
The questioner : May Allah reward you with good.
The questioner : Peace be upon you and Allah's mercy.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The questioner : How are you, my sir?
The Shaykh : Praise be to Allah, I am well.
The questioner : My sir, this question requires some detail.
The Shaykh : Good!
The questioner : Two men partnered: one provided a plot of land, and the other provided money, to build an apartment or a house, and one of them utilized it. One of them utilized this building by renting it at a rate equal to the rent in the area where it is located, such that he pays from this rent to his partner. And every month, from what he pays his partner, the value of his partner’s share decreases and his own share increases, until one day he has paid the entire share of his partner, and the house becomes entirely his. Is that permissible?
The Shaykh : There is a deficiency in your question!
The questioner : Yes?
The Shaykh : You are saying one of them partnered with the land?
The questioner : Yes, exactly.
The Shaykh : And the other.
The questioner : With the money.
The Shaykh : With the money.
The questioner: Yes.
The Shaykh : Okay, how much is the money and what is the value of the land?
The questioner : The partnership is in proportion to the price of the land to the amount of money paid, meaning, for example, if the value of the land is ten thousand and the house costs twelve thousand or ten thousand, each has a share according to what he contributed.
The Shaykh : So they are partners in equal shares?
The questioner: Yes.
The Shaykh : Okay, was the apartment built?
The questioner: Yes.
The Shaykh : Okay, did they rent out the apartment or what?
The questioner : One of them utilized it.
The Shaykh : One of them utilized it, so he must pay the equivalent rent.
The questioner: Yes.
The Shaykh : Half to him.
The questioner : And half to that partner.
The Shaykh : And half to that partner.
The questioner: Yes.
The Shaykh : Then, if the partner or one of the partners wishes.
The questioner: Yes.
The Shaykh : To sell his half to the other.
The questioner: Yes.
The Shaykh : It is as if he sold it to someone else.
The questioner : Yes.
The Shaykh : And it does not happen otherwise.
The questioner : Yes, meaning, but this sale must be a long-term sale for the period they agreed upon, meaning for ten thousand, his half, or twelve thousand, or so on. I am selling you my half, for example, for such an amount!
The Shaykh : Meaning, he has to pay him every month.
The questioner : This rent.
The Shaykh : Half the rent?
The questioner: Yes.
The Shaykh: All right.
The questioner : They agreed on a specific time.
The Shaykh : Meaning, in addition to the fact that he is paying him half the rent.
The questioner : Yes, he gives it to the second one!
The Shaykh : Listen, my brother, may Allah guide you.
The questioner : Honor.
The Shaykh : In the time that he gives the rent for half a month or a year, he has agreed with him that he will give him a certain percentage.
The questioner: Yes.
The Shaykh : Of the price of the apartment?
The questioner: Yes.
The Shaykh : And as I said, over the long term.
The questioner: Yes.
The Shaykh : Okay, what is the price of the apartment?
The questioner : You appraise it after it is finished.
The Shaykh : Why is it not finished?
The questioner : It is not finished yet; after it is finished, because prices, as you know, by the permission of Allah (Glorified and Exalted is He), may rise and may fall!
The Shaykh : Yes, and the rent is the same!
The questioner : And the rent is the same.
The Shaykh : So, the summary of the question.
The questioner: Yes.
The Shaykh : Is that one of the partners.
The questioner: Yes.
The Shaykh : Stipulated.
The questioner: Yes.
The Shaykh : That the apartment.
The questioner: Yes.
The Shaykh : Becomes his property one day.
The questioner: Yes.
The Shaykh : On the condition that he pays him the price of the half.
The questioner: Yes.
The Shaykh : The equivalent price?
The questioner: Yes.
The Shaykh : Meaning, whatever its price might be in the market.
The questioner : At the moment of the contract.
The Shaykh : Yes?
The questioner : At the moment of the contract.
The Shaykh : At the moment of the contract?!
The questioner: Yes.
The Shaykh : Okay, and does the contract happen after the completion of the building?
The questioner : Yes, exactly.
The Shaykh : And does one of the partners live in it?
The questioner : Yes, exactly.
The Shaykh : Okay, suppose that the value of half the apartment will be paid off over five years.
The questioner: Yes.
The Shaykh : So, within five years, he will pay rent for two and a half years?
The questioner : No, he has to pay the full amount until it is completed for him.
The Shaykh : What is completed for him?
The questioner : No, two years, two and a half years for his partner.
The Shaykh : I am telling you.
The questioner: Yes.
The Shaykh : I am telling you, after five years, he will pay him the price!
The questioner : You are correct.
The Shaykh : The half?
The questioner: Yes.
The Shaykh : Yes, in these five years, he will give him rent for two and a half years?
The questioner : He will give him the rent for the five years, half of it from the beginning, and half of it he gives to him.
The Shaykh : My brother, what am I saying, may Allah guide you.
The questioner : Bear with me, please!
The Shaykh : He gives him, I am telling you: the one who wants to sell.
The questioner : Yes.
The Shaykh : He gives him the price of the house, he gives it to him over five years.
The questioner : You are correct.
The Shaykh : But in these five years, he gives him rent for two and a half years?
The questioner: Yes.
The Shaykh: All right.
The questioner : Correct.
The Shaykh : Is that what they agreed on, for example?
The questioner: Yes.
The Shaykh : And is each of them satisfied?
The questioner: Yes.
The Shaykh : Yes, there is nothing wrong with it.
The questioner : May Allah reward you with good.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.