13:14 - 2016/01/02
Q1802: A person bought a piece of land for a particular price. A third party owed the same amount to the buyer. The buyer referred the seller to the third party to get the money. However, the third party bought the piece of land for himself and paid for it without the knowledge of the first buyer. Is the first transaction in which the seller agreed to get the price from the third party valid or the second one?
A: The second sale is fuḍūlī and dependent on the permission of the first buyer unless it is concluded after a valid cancellation of the first transaction.
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