Incomplete sale

Answered according to Hanafi Fiqh by

Q: Mohammed and Abdul Kader own a business property on a 50/50 basis. Mohammed offers to sell 50% of his portion of the property to Abdul Kader for R1 250 000.00 which was to be paid cash. Abdul Kader accepts the offer but doesn’t pay a cent. Is the sale complete? If Abdul Kader didn’t pay, is Mohammed entitled to the rentals? Can Abdul Kader say that he is paying terms when the term period was not fixed or arranged with Mohammed?


A: If he had only agreed to buy and he had not yet sold then this sale is incomplete.

And Allah Ta’ala (الله تعالى) knows best.


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)