A Sale on the Condition of Return
Question
For a severe and urgent need of mine I borrowed 7000 rupees from a sincere friend of mine named Zayd, and in exchange for this sum I sold ten murabbas (a Punjabi land unit, ≈ 25 acres, i.e. ≈ 10 ha) of land to the said Zayd. At the time of the sale, in the mosque, in the presence of the imam of the mosque, Zayd made this agreement with me: “When the sum becomes available to you, I will return the land to you.
Answer
In a sale, what happens is that the object of sale leaves the ownership of the seller and passes into the ownership of the buyer, and the seller no longer has the right to dispose of it. Here, however, even after the sale you yourself went on cultivating, and no talk of crop-sharing or lease was held with the buyer.
Source: Fatawa Mahmudiyya
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