Having the buyer write an undertaking of return after buying a house

Question

Zayd bought a house for five hundred rupees, and after the deed of sale had been written, the seller said to the buyer: “Write a separate undertaking to the effect that if within ten years the seller or his heirs wish to take it back, I will return it at the same price, so that both of us may be reassured.” Both parties agreed, and in addition to the deed of sale an undertaking with the above content was drawn up.

Answer

Firstly, the sale was already complete and final; afterwards an undertaking was written between the seller and the buyer by way of a promise, which has no effect on the sale. Therefore the buyer is the owner of the house, and it is permissible for the buyer to derive benefit from this house: [ar]وفي الخيرية: فيما لو أطلق البيع ولم يذكر الوفاء إلا أنه عهد إلى البائع أنه إن أوفى…

Source: Fatawa Mahmudiyya

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