A sale at a reduced price during the final illness

Question

Question: (1) If in the purchase of some item a lower price is paid, and from the seller — owing to compulsion, illness, the weakness of old age or despair of life, one or two days before his death — such a sale deed for a higher price is secretly got executed without consulting other people, so that it was not made public, what do the scholars of religion say about this? (2)

Answer

(1) If this sale deed was made in favour of a person who, according to the Shariʿa, is also an heir of the seller, then this sale is suspended on the permission of the remaining heirs: if they give permission it will take effect, otherwise not. If this sale deed was made in favour of an outsider (i.e. one who is not an heir according to the Shariʿa)

Source: Fatawa Mahmudiyya

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