The ruling on one who sold an item and it was found to be an endowment
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Question:
This questioner, Nasser Ibrahim from Hawtat Banu Tamim, says in this question: It happened that I sold a small house built of clay. After the sale, my mother found a document for this house and found in it an endowment for a sacrificial animal from its proceeds, without my knowledge. I did not receive any of the rent from this house. The amount for which this house was sold was five thousand riyals, more than ten years ago. Does the sale become void in the Shari'ah in this case, or am I obligated to transfer the endowment and it remains a debt on me, O Shaykh?
Answer:
You must refer to the court to annul the sale and keep the endowment as it is, and present the document to the judge. The judge will look into the matter. If it is not possible to return the sale, the price is to be placed in another endowment. What came to you is to be placed in another endowment, such as in a date palm that is an endowment for him, or in vessels that are an endowment for him to be used and benefited from. The point is: you place the price in something that benefits the deceased, such as a date palm or two date palms from whose fruit benefit is derived, or something else that benefits the deceased, according to what is facilitated. Yes.
The presenter: Thank you, O Shaykh, and may Allah bless you and your knowledge, and benefit the Muslims through you.
This questioner, Nasser Ibrahim from Hawtat Banu Tamim, says in this question: It happened that I sold a small house built of clay. After the sale, my mother found a document for this house and found in it an endowment for a sacrificial animal from its proceeds, without my knowledge. I did not receive any of the rent from this house. The amount for which this house was sold was five thousand riyals, more than ten years ago. Does the sale become void in the Shari'ah in this case, or am I obligated to transfer the endowment and it remains a debt on me, O Shaykh?
Answer:
You must refer to the court to annul the sale and keep the endowment as it is, and present the document to the judge. The judge will look into the matter. If it is not possible to return the sale, the price is to be placed in another endowment. What came to you is to be placed in another endowment, such as in a date palm that is an endowment for him, or in vessels that are an endowment for him to be used and benefited from. The point is: you place the price in something that benefits the deceased, such as a date palm or two date palms from whose fruit benefit is derived, or something else that benefits the deceased, according to what is facilitated. Yes.
The presenter: Thank you, O Shaykh, and may Allah bless you and your knowledge, and benefit the Muslims through you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.