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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Explanation of the author's statement: "And if he sold him a house on the condition that it is ten cubits, and it turned out to be more or less, the sale is valid"

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The Shaykh :"And if he sold him a house on the condition that it is ten cubits, and it turned out to be more or less, the sale is valid" He sold him a house, meaning or a piece of land or something similar that is measured in cubits, on the condition that it is ten cubits. If it turned out to be more, the sale is valid. And if it turned out to be less, the sale is also valid. But if it turned out to be more, who does the excess belong to? The excess belongs to the seller, because he sold it with a specific description, which is that it is ten cubits. So if it turned out to be fifteen cubits, we say the excess belongs to the seller. Take ten from the fifteen cubits and give the seller five. Likewise, if it turned out to be less: he sold it on the condition that it is twenty cubits, but it turned out to be fifteen cubits. The sale is valid, and the deficiency is upon whom? It is upon the seller. So the price is reduced by the amount of the deficiency in the cubits. And the deficiency in the cubits, if he sold it on the condition that it is twenty but it turned out to be fifteen.

The questioner : ... .

The Shaykh : Not a quarter. The quarter, O 'Abd Allah, 'Abd Allah ibn 'Awadh al-Rub', so a quarter of the value is deducted. Is that clear, everyone? Good. He said "valid," meaning the excess belongs to the seller and the deficiency is upon the seller.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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