Fatwas on Delivery and Receipt
Q1572: A relative of mine needed a kidney transplant. A person came forward to donate one of his kidneys in return for money. After medical tests to ascertain compatibility, it was found that the donor’s kidney was not suitable for transplantation. Is the donor justified in demanding money from the patient, because he was forced to be away from his work for a number of days?
A: Should the unsuitability of the donor’s kidney be discovered after it has been removed, the donor is justified in demanding payment of the agreed amount, although the patient did not make use of the donated kidney. However, if the donor has been informed of the situation prior to the removal of his kidney, he has no right to demand anything from the patient.
Q1573: I sold my residential flat to a person. We noted the sale on a piece of paper. I received some of the money, on the understanding that the buyer settles the remaining amount when the flat is officially registered in his name. Now, I regret selling the flat. But, the buyer insists on my vacating the property. What is the ruling in this matter?
A: If the sale has gone through in a proper and shar‘ī manner, the vendor has no right to refuse to hand it over to the buyer for the mere fact that he is regretful or in need of the property, that is, unless he has the right to annul the contract.
Q1574: I concluded a deal with the management of a stone quarry to buy a given consignment of stones for a provisional price. It was agreed that the final price was to be determined at a later date, albeit with a slight variation from the quoted price. Later on, I was asked to pay a highly inflated price for the consignment. Noting that I had sold the stones, I refused to pay. How should I go about settling this matter?
A: One of the conditions for the validity of the sale is designating both the thing sold and its price. This is so as to avoid lack of knowledge and any unforeseen risk. So, if the sale did not go through at the day of taking delivery of the goods in a proper and shar‘ī manner, the buyer is liable to pay the going price, i.e. at the time he cut and resold the stones.
Q1575: A person bought some property from his married daughter. The property is at the disposal of her husband. The latter started to harass his wife and threaten her with divorce if she did not withdraw from the deal. Thus, she was unable to hand it over to her father, the buyer. Who of the two should bear the responsibility of either returning the money or handing the property over to the buyer?
A: The vendor herself should hand over the property or return the money to the buyer.
Q1576: I bought some property from a person. We noted the sale on a piece of paper. It was agreed that the vendor should accompany me to the land registry office to transfer the property to my ownership. The vendor did not keep his word and retained ownership of the property. Have I the right to demand from him to comply with what we agreed on?
A: If what both of you agreed and committed to pen and paper is a proper and shar‘ī sale transaction, it is not permissible for the vendor to annul the transaction and to refuse to put it to effect. Indeed, it is legally binding on him to hand the property over to you and take necessary action to amend the title deed to bear your name. You have every right to demand from him to do so.
Q1577: A business deal was concluded between two parties. Both the vendor and the buyer agreed that the buyer should settle the price of the goods by installments. As a mechanism of bookkeeping, both agreed that each of them should maintain a book whereby such payments were to be duly recorded and signed by both. After a while, it transpired that there were discrepancies between the two registers. The difference between the two was in respect of one payment where the buyer claimed that he settled it and the vendor denying it. It is worth mentioning that the entry did not appear to have been made in either book. What is the ruling in this matter?
A: If it is proved that the buyer paid what he claims to have paid, there is nothing one can ask him to do. Otherwise, the priority is given to the vendor’s say, who denies receiving the amount.
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