Taking a debt and fixing instalments for its repayment
Question
Question: (1) Zayd sells his house to Bakr for 30 thousand rupees in instalments, and pays two thousand rupees every week, and thereafter fixes the payment of one thousand rupees each year. Is this arrangement correct according to the Shari‘a? (2) I have to impose a specific condition: that after Zayd’s death, Zayd’s shroud and burial, his debts and the like be paid from these instalments, and the remaining amount be divided according to the Shari‘a among my heirs, that is, Zayd’s heirs.
Answer
The total price of the house has been fixed by the mutual consent of both parties, both parties have agreed upon instalments for its payment, and they have also stipulated some difference between these instalments — that the first instalment will be of so many rupees and the second of so many; according to the Shari‘a this arrangement is correct and there is nothing wrong with…
Source: Fatawa Mahmudiyya
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