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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on accepting assignment on the condition of settlement

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Question:
One of them says: I invested with one of the real estate offices in a piece of land, and this investment was settled, and I realized a specific profit. However, the owner of the office does not have what to pay the investors their rights, because the major investors did not pay him. They accept the assignment to them on the condition that the investor waives part of his profit. Some say that this is permissible, based on the rule: "Settle and be paid early." The question: Is it permissible to accept the assignment on this condition, or is it not permissible?

Answer:
As for accepting it on the condition that he settles, it is not permissible. However, if he accepted the assignment, and they tried to give him [the money] but did not give it to him, and he was lenient with them to some extent, there is no harm in being lenient until they give it to him.
As for on the condition that he waives, or if he says: "I will not give it to you until you waive," it is not permissible. But if he himself says: "I allow a part of this thing and you give it to me," there is no harm. However, an assignment with this condition is not permissible; an assignment on the condition of waiver is not permissible. Yes.
Source binbaz.org.sa

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

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