Fatwas on Fuḍūlī Sale
Q1467: I bought an arable plot of land from my brother through a revocable transaction. My brother changed his mind and sold the land to another person. Has he the right to do so?
A: Should the first sale have gone through in a proper shar‘ī manner, the vendor has no right to sell the land to a second person before canceling the first sale. If he has gone ahead with the second sale, the latter should be deemed fuḍūlī which needs the permission of the first purchaser.
Q1468: Members of a cooperative building society bought a plot of land with their own money. The land was officially registered in the name of the society. Later on, the administrative committee of the society became a new member of the society and sold the land below its actual price without the permission of the previous members. Is such a transaction valid?
A: Should the land have been bought by the members for their own use and with their own money, it is theirs. The others have no right of disposal over it. The sale of the land by the administrative committee of the society without the permission of the owners is considered fuḍūlī.
However, if the land was bought with money from the capital of the society, in its legal capacity, and for its own purposes, it would constitute part of its assets. Accordingly, the administrative committee should have right of disposal over the land in accordance with the rules and regulations of the society.
Q1469: Before his embarking on a journey, a person appointed his brother agent, especially with regard to selling his house to any interested party, including the agent himself. After return, the person changed his mind as to the sale of the house and told his brother verbally of his intention. Nevertheless, the brother took the necessary arrangements to transfer the title deed of the property to his name without paying the price to the original owner. Is this sale valid?
A: If it is proved that the agent has sold himself the house despite the fact that he was aware the power of attorney was revoked, albeit verbally, the sale is regarded as fuḍūlī which is unlawful unless permission of the original owner is granted.
Q1470: The owner of a particular type of merchandise sold it to a person. Having not delivered it to the first buyer, he sold it to another person contrary to the fact that he had not the right to cancel the first sale contract. Is such a deal valid? And is it permissible for the second buyer to demand the goods in accordance with the second sale contract?
A: After the merchandise has been sold to the first buyer, selling it to another person without the permission of the first buyer is fuḍūlī and dependent on his permission. Unless the first buyer authorizes the second sale to take place, he can take possession of the goods wherever he finds them and the second buyer has no right to ask the vendor to hand the goods over to him.
Q1471: Someone bought property with the money of another person. Is the ownership of the property his or that of the owner of the money?
A: If the very purchase of the property has been made with the money of the other person, and the latter sanctioned the deal, the property is rightfully his. That is, the buyer has no right in it. Otherwise, the deal is void. Yet, if the person who concluded the deal bought the property on trust for himself but paid the price later from the money of another person, the property shall be his and he would remain indebted with the purchase price to the vendor. He is liable for the money paid to the vendor. The latter should return the money to its owner.
Q1472: A person sold the property of another person and spent the proceeds. After a very long time, he decided to compensate the owner. How should he go about compensating the owner, i.e. paying him the original amount, the current market price of the property, or its market price at the time of selling?
A: If, after the owner had sanctioned the very sale, he sanctioned the receipt of the money as well, the person who concluded the deal should pay the same to the original owner. If the owner had rejected the sale, the seller should try his best to return the same property to its owner if possible. Otherwise, he should compensate the owner whether with a similar property or with its value. As based on caution, however, he must reach a settlement with the owner about the difference between the price at the time of payment and the price at the time of transaction.
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