Having a written undertaking drawn up after a sale to take the property back within ten years

Question

Zayd sold his house to ʿAmr and had the deed of definitive sale registered, and together with the deed he had ʿAmr write an undertaking that if, after ten years, Zayd returns to ʿAmr the money that Zayd received from ʿAmr, ʿAmr will return the house to Zayd, and that after ten years have passed Zayd will have no right to take the house back from ʿAmr; repairs, breakage and damage for ten years will be ʿAmr’s responsibility. In such a case, is it permissible or impermissible for ʿAmr to take rent for this house?

Answer

If these conditions were made before the offer and acceptance (ijab and qabul) of the sale, or together with the sale, both cases have one ruling. If a definitive sale was made and the conditions were attached afterwards, then according to Imam Aʿzam, too, these conditions are in the same position as when they are attached within the sale itself; while the Sahibayn (the two…

Source: Fatawa Mahmudiyya

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