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Answered as per Hanafi Fiqh by Askimam.org

Respected Mufti – after sending you this note, I found out that Mr A has in fact agreed to pay the balance in 4 instalments.  Please do not publish this letter on your site as the person will know that it is him that I am referring to, and this person is a family member to Mr M and family, therefore there might be family conflict.  Jazak Allah

As Salaam U Alaikum

I am sending this note on behalf of Mr M. Mr M sold a van to Mr A for the sum of R42500.00. Mr A paid him an amount of R40 000.00 and indicated that he will pay the balance in 2 weeks time. A day later Mr A phoned and stated that the aircon was not working – so Mr M told him to take R500 off the purchase price. It has now been over a month and when Mr M’s mother phones to ask about the balance, she was told by Mrs A that the van costed them a lot of money, and therefore they are not giving the balance. Mrs A stated that the roadworthy certificate that Mr M had done was “backdoor” so they not paying the balance. Taking in mind that the van was sold voetstoets as is, and Mr A was aware that COR was done at a station not near to Mr M’s home town and the price agreed to was R42500 – the R500 was given off – what is his Islamic duty regarding the balance of R2000?

What is rather sad in this deal is that Mr A is very learned person in Islam – he is a Moulana – and Mr M’s father is now so upset that he is making statements to this effect that he will never stand behind this Moulana to read salaah because of this episode. This is what made me ask your for your views – I have told Mr M’s father not to talk like that because Allah Ta’ala knows best. Mr M and his family are not well off – and they make the little earned by selling vehicles, so in a way I can understand the hurt that they are going through. R2000 is a lot of money for some people just to lose in this manner.

Please advise.

Jazak Allah


In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

If Mr. M sold the van to Mr. A voetstoets for R42,500.00, then Mr. A is liable to pay Mr. N the full R42,500.00. The subsequent R500 reduction from Mr. M to Mr. A is his good gesture and kindness.

Mr. A is liable for the R2,000 to Mr. M.

And Allah knows best


Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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