How is it to sell the house on the condition that the seller will live in it on rent?

Darulifta Ahlesunnat

(Dawateislami)

Question

What do respected scholars and Muftis of Islam say about the following issue, I want to buy a home but the seller has set out the condition that he will live in the home for two years on rent. The question is, am I allowed or not to buy that home on this condition?

بِسْمِ اللہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

If such a condition is set in a sale or purchase which is contrary to [i.e. against] the requirement of the agreement and brings benefit to either of the parties or to the thing being sold and that condition is neither among the established norms nor is it allowed by Shari’ah, so such a condition makes the agreement Fasid (defective). In the situation mentioned in the above question, the seller has set out the condition of living in the home on rent, which is contrary to the requirement of the agreement and benefits the seller. And this condition is neither among the established norms nor is it allowed by Shari’ah. Therefore, it will be impermissible to sell the home on this condition and the deal [sale] will be defective. It is obligatory for both of them to refrain from the deal on this condition. If they want to make the deal, they should make it according to Shari’ah without any impermissible condition. In case of making the deal on any impermissible condition, both of them will be sinners and it will also be obligatory to cancel the agreement.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَرَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ وَاٰلِہٖ وَسَلَّم

Answered by:Muhammad Sarfaraz Akhtar Attari

Verified by:Mufti Fuzail Raza Attari