A Sale with a Defective (Fasid) Condition

Question

A man owns land on which there is a lime kiln and a warehouse; he has let them out on rent. Another man is a buyer of this land and wants to acquire it; he will demolish the kiln and so on on this land and build his own house. A law has come from the company that the kilns be removed within one year. Therefore this buyer says: “As long as the company permits, until then you go on taking the rent of the kiln, whether it be one year or two years” — and until then he will not build any house and so on.

Answer

At the time the sale is made, the land will enter the ownership of the buyer and leave the ownership of the seller, and the seller will no longer have the right to collect rent from it. Selling on the condition that the land does not pass into the buyer’s possession (qabd)

Source: Fatawa Mahmudiyya

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