Sunday, 5 April 2026 (17 Shawwal 1447 AH)
Question: A man sold a plot of land to another man. Then these two men—the seller and the buyer—became partners in that land. They built on it and exploited it for more than fifteen years. Then these two partners disagreed and disputed. The seller wanted to rescind the sale of that shared land, and ordered his partners to demand from the buyer their shares—on the grounds that they had not sold, but rather their partner (the seller) had sold.
It is further known that the seller is the one who manages everything—he sells and buys—and what is gained is for all. In addition, he had included his partners in what he sold of the land.
Then he instructed other partners—namely, the women—to make a claim, even though their shares in the land at that location had not been determined, and he had not sold more than his share.
What is required of the buyer with respect to these claimants?
Answer—and Allah is the One who grants success: Nothing is required of the buyer toward these claimants; his purchase of what he purchased stands. That is because a valid sale by a partner of what he is authorized to dispose of is a valid and permissible sale—both in his share and in his partners’ shares. This is with respect to the seller’s partners in the customary partnership and the like.
As for the women, if the seller sold only the amount of his share or less, they have no recourse against the buyer. The buyer purchased from the one who owned the land and the land has been consumed by building; there is more than their shares elsewhere from which they can take their portions. This is along with their long silence while their brother was disposing and consuming part of the land. The hadith states: “There is to be no harm and no reciprocating harm in Islam.”
If we were to declare the sale void because of the women’s shares, the buyer would suffer enormous harm. In what we have mentioned, no party suffers harm. This is closer to justice and fairness. Allah Most High said, “And when you judge between people, judge with justice.” [al-Nisāʾ:58]
Moreover, what appears to me is that a partner’s long silence regarding his partner’s dispositions—such as selling and building—within (the scope of) his share of the land for an extended period (about fifteen years, as in the question) counts as a division. In that case, that portion becomes determined for that partner alone. On this basis, there is no recourse against the seller or the buyer.
If it is said: It is known that the owner’s consent is a condition for the validity of a sale, and likewise for the validity of a partition—consent of the co-owners is required.
We say: What we mentioned first—namely, the partner’s long silence—counts as consent to the partition and authorization of it, especially in uniformly level land in which no side is superior to another. It is most akin to what is measured or weighed. The jurists have said regarding that: divisions that are ifrāz (by allotment) do not require the partner’s presence, consent, or permission.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2