A method of collecting the price of the object of sale

Question

Question: Bakr bought Zayd’s land at a fixed price, but Bakr did not pay the full amount at the fixed time; nevertheless the field was handed over into Bakr’s possession, and a quarter of the amount is still owed by Bakr. Now the arrangement made is this: from this sold land two and a half acres are notionally set apart and leased to him himself for a land rent of eight hundred rupees. Now at the season Bakr will pay, besides the remaining amount, a further eight hundred rupees as rent.

Answer

This arrangement is not permissible, because the sale of the entire land took place in one transaction and the whole of it was made the object of sale. Then a certain specific plot was deemed not sold and the seller’s property, and, having so decided, it was leased to the buyer, who had already become the owner of the entire land through the sale.

Source: Fatawa Mahmudiyya

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