Promising to return land for a lesser sum, then refusing

Question

Question: In the presence of ten or fifteen people Zayd declared: “I will return your land to you for two thousand less,” because he had taken ʿAmr’s land in exchange for some money, and no term had been fixed; it was declared that he could take it back whenever he wished. Now ʿAmr has the money and wants to take his land back, but Zayd now refuses and does not return the land. What is the status of Zayd’s possession (qabd)?

Answer

If Zayd had taken that land as a pledge (rahn), then it was not permissible for him to derive benefit from that land and take its produce; moreover, the condition of “two thousand less” was also void and of no effect. He had the right to recover his debt in full and return the land, and now it is necessary (lazim) that he return the land.

Source: Fatawa Mahmudiyya

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