Benefiting from the object of sale in a fixed-term sale

Question

Question: Zayd sells his house to ʿUmar. The conditions of its sale are these: (1) “If I return within ten years the sum that I have taken from ʿUmar now, i.e. at the time of the sale, then ʿUmar will necessarily give the house back to Zayd.” If Zayd cannot pay the sum to ʿUmar within ten years, then after the ten years have passed the sale will be regarded as definitive, i.e. Zayd can then no longer take his house back from ʿUmar. (2)

Answer

According to the Shariʿa this sale has the ruling of a pledge, and deriving benefit from a pledged thing is not permissible. Therefore the repair of the breakage and wear of the house is the responsibility of the actual owner, i.e.

Source: Fatawa Mahmudiyya

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