A Repeated Sale of an Orchard Tree

Question

Zayd bought a tree from Bakr and also paid Bakr the agreed sum. Owing to straitened circumstances, Zayd could not have it cut down quickly. A few days later, Umar and others, having talked Bakr round with all sorts of things and raising the price somewhat, bought the said tree a second time, had it put in writing, and began cutting the tree down. When Zayd learned of this, he stopped Umar and the others and said: “I have already bought this tree; you have no right to cut it down.

Answer

Once Zayd had bought the tree from Bakr and had also paid the agreed sum (the price), Bakr no longer had any right to sell it to anyone else. The sale that Bakr made to the person he sold it to is suspended (mawquf) on Zayd’s consent and permission. Now the better course is for Zayd to give permission and take the price from Bakr.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.