A Sale on Top of a Sale

Question

Respected Mufti, the greeting of the sunna! It is submitted that Umar bought a piece of land and a house from Bakr for seventy-five (75) thousand rupees and fixed a definite term for paying its price: “Within this term we will pay you the full amount, and at that time the written purchase deed will also be officially registered.

Answer

A sale is concluded by offer and acceptance (ijab and qabul); the written sale deed is made in view of legal considerations. When the sale has taken place and part of the price has also been paid, the seller no longer has the right to sell it; the second sale took place wrongly, and the second buyer must undo this sale.

Source: Fatawa Mahmudiyya

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