Question: Disputes are common today over sales of land not yet partitioned among right-holders\u2014what is called selling an undivided share. A seller, out of need for cash, sells 100 \u1e25abala at 1,000 riyals, because the seller needed 100,000 riyals. The buyer gives the seller 40,000 and stalls on the rest until the co-owners partition their quarry (ma\u1e25jar) fifteen years later from the time of sale. Then they quarrel: the buyer wants to take the full 100 \u1e25abala and pay the remaining 60,000; the seller says, \u201cI\u2019ll give you only in proportion to what you paid\u2014forty \u1e25abala.\u201d Therefore, disputes, disagreement and conflicts arise, so how should the ruling be between them?
Another case: the seller sells 100 \u1e25abala as an undivided share and does receive the price, but at partition his share turns out less than what he sold.
Another: he sells thus, then dies before partition; later the quarry is apportioned among right-holders by assessment of tax liability (al-gha rim) or by head-count (al-d ak r), and the deceased seller ends up with no share in that quarry. What is the solution?
And if he sold thus, then the quarry was divided by head-count so that the seller\u2019s share was 100 \u1e25abala while his children\u2019s share was 500 \u1e25abala, and the seller had sold 200\u2014must he make up the buyer\u2019s shortfall from his children\u2019s shares, since he is the owner and guardian if they are minors, or their liable party if they are adults?<\/p>\n","protected":false},"excerpt":{"rendered":"
Question: Disputes are common today over sales of land not yet partitioned among right-holders\u2014what is called selling an undivided share. A seller, out of need for cash, sells 100 \u1e25abala at 1,000 riyals, because the seller needed 100,000 riyals. The buyer gives the seller 40,000 and stalls on the rest until the co-owners partition their… Continue reading [On Selling an Undivided Share (mush\u0101\u02bf ghayr maqs\u016bm)]<\/span><\/a><\/p>\n","protected":false},"author":1647,"featured_media":25060,"template":"","format":"standard","meta":{"_jet_sm_ready_style":"","_jet_sm_style":"","_jet_sm_controls_values":"","_jet_sm_fonts_collection":"","_jet_sm_fonts_links":"","almufti":["mr_allama_muhammad_abdullah_awad_al_muayyady"]},"fatwa-mufti":[780],"fatwa-subject":[713],"class_list":["post-20037","fatwa","type-fatwa","status-publish","format-standard","has-post-thumbnail","hentry","fatwa-mufti-al-sayyid_al-allamah_al-hujjah_muhammad_ibn_abdullah_awad_al-muayyidi_may_allah-preserve-him","fatwa-subject-book-of-sales-and-related-matters","entry"],"_links":{"self":[{"href":"https:\/\/alorwahalwuthqa.com\/en\/wp-json\/wp\/v2\/fatwa\/20037","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/alorwahalwuthqa.com\/en\/wp-json\/wp\/v2\/fatwa"}],"about":[{"href":"https:\/\/alorwahalwuthqa.com\/en\/wp-json\/wp\/v2\/types\/fatwa"}],"author":[{"embeddable":true,"href":"https:\/\/alorwahalwuthqa.com\/en\/wp-json\/wp\/v2\/users\/1647"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/alorwahalwuthqa.com\/en\/wp-json\/wp\/v2\/media\/25060"}],"wp:attachment":[{"href":"https:\/\/alorwahalwuthqa.com\/en\/wp-json\/wp\/v2\/media?parent=20037"}],"wp:term":[{"taxonomy":"fatwa-mufti","embeddable":true,"href":"https:\/\/alorwahalwuthqa.com\/en\/wp-json\/wp\/v2\/fatwa-mufti?post=20037"},{"taxonomy":"fatwa-subject","embeddable":true,"href":"https:\/\/alorwahalwuthqa.com\/en\/wp-json\/wp\/v2\/fatwa-subject?post=20037"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}