Recovering litigation expenses from the defendant

Question

Question: Zayd, Bakr, Khalid and others jointly bought a plot of land. Of the land being bought, some portion was still left over. Zayd said to ‘Umar (who is one of the said partners): “You take this remaining part, so that the whole plot comes into our purchase.” ‘Umar said: “I have no need of it at all, nor do I have the money.” Zayd said: “I will give the money; you have it written in your own name.

Answer

The money Zayd gave ‘Umar is a loan (qard), and it was ‘Umar who bought the land (even though he paid for it with money borrowed from Zayd); therefore ‘Umar is the owner of the land, and whatever amount ‘Umar borrowed must be repaid.

Source: Fatawa Mahmudiyya

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