Sale of property for less than its value

Question ID: 34485
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AS SALAAMU ALAIKUM

MUFTI ELIAS
TRUST YOU WELL WITH THE GRACE OF THE ALMIGHTY ALLAH .

PLZ ADVISE;-
A SISTER -(SELLER) SELLS A BROTHER(BUYER) HER ONLY INVESTMENT,
A LOWER PRICE THAN MARKET PRICE TO SETTLE HER DEBT-4YRS OLD!
CONTRACT WAS SIGNED BY LAWYER N PAYMENT WAS DONE!.
6MNTHS LATER, BROTHER ADMITTED THAT
HE UNDERPAID FOR THE HOUSE N OFFERED TO PAY A SML DIFF!

BUT NEVER PAID THE AMT UNTIL A FURTHER 6MNTHS!
SISTER HAS A CRISIS, NO INCUM, BUSINESS DROPPED THAN BEFORE…
N WITH SEVERAL REQUESTS ASKING BROTHER TO PAY THE THE DEBT AMOUNT. TO REVERSE IT,
ON THE SALE OF THE PROPERTY
IE TO LEAVE THE DEBT AS OUTSTANDING!!
HER REQUEST IS;-COZ SHE NEEDS THE MONEY TO SURVIVE.REQUIRES TIME ,
WILL PAY THE DEBT WHEN SHE CAN.
HE REFERS TO THE CONTRACT! SISTER IS ASKING TO BE LENIENT
AS SHE WAS ROBBED N LOST ALL THE MONIES OF THE HOUSE N JEWELLERY ,
CELLPHONE ETC N HVE NO MONIES TO LIVE!!
SISTER LIVING ALONE SINCE , 15 YRS -18TH OCTOBER, THE DEMISE OF HER
LATE MOTHER WHOM SHE SUPPORTED , N HERSELF ,
WORKING 41 YRS SINCE SHE LEFT SCHOOL,
TOUGH UPBRINGING.
WITHOUT ANY AID OF HER BROTHERS….
N LOST HER BUSINESS, BUT STILL WORKING 7 YRS AT HOME NOW…
BUT INSUFFICIENT FOR EXPENSES ,
NO EXTRA SHOPPING ==ONLY NECESSITIES ,
SOLD THE CAR TO PAY FOR THE RENT ETC,,
BT BROTHERS NEVER, NEVER TO DATE SUPPORTED HER ,
NO MORAL SUPPORT N 2 DONT TALK TO HER FOR 5 YRS NOW ,
NO INVITES FOR EID , FUNCTIONS ETC,,,,,’
QUESTIONS;-
1.
IS THE CONTRACT VALID STILL AFTER AFTER HE OFFERED TO PAY
A SMALL DIFFERENCE!!??

2.ISLAMICALLY, IS HE JUSTIFIED TO DEMAND FULL AMOUNT
OF THE DEBT ? ?? THOUGH THE CONTRACT WAS SIGNED ,
CONSIDERING THE LOSSES OF THE SISTER.
SISTER ONLY REQUIRES TIME TO PAY THE DEBT,TO RECONSIDER HER SITUATION,
TO PAY THE BALANCE FOR THE HOUSE — IE THE DEBT AMOUNT ,
AS IT WAS DEDUCTED FROM PURCHASE OF HOUSE.
NOT TO DEDUCT IT,
AT THIS STAGE , UNDER THE CIRCUMSTANCES ,
IGNORES THE CONTRACT AS IT WAS A MISTAKE TO SELL THE HOUSE ,
IT WAS HER SOURCE OF INCUM
AS HE COLLECTS RENTALS FROM THAT HOUSE N SHE
WAS PAYING HER RENTALS IN ANOTHER FLAT, NOW IN ARREARS FOR 3 MNTHS!!
SO HE MUST WAIT PATIENTLY ALLOWING HER TO PAY THE DEBT
WHEN SHE CAN AS ITS HER INTENTION TO PAY.CAN THIS BE ALLOWED THOU THE CONTRACT WAS SIGNED ,

AWAIT YOUR RESPONSE

ALLAH KNOWS THE TRUTH N KNOWS THIS IS LEAVING ME ON THE STREET AS I CANNOT MANAGE TO LIVE NOW!!
REQUEST DUAS,,,,
JZK FOR YOUR PRECIOUS TIME
ALLAH REWARD YOULL ABUNDANTLY
SISTER IN ISLAM(DISTRESSED)

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Asked on November 2, 2017 11:53 am
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Private answer

1) Yes.
2) Let the contract be reviewed by you local Ulema council.

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Answered on November 27, 2017 1:29 pm