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Issue No. 1778Sellers and Buyers

Consent after Compulsory Transaction

Issue No.1778- If the buyer or the seller is forced to conduct a transaction, and consents later, the transaction is valid. However, as a recommended precaution, the formula of the transaction should be re-pronounced.

Issue No. 1779Sellers and Buyers

Transaction by Curiosity

Issue No.1779- If a person sells the property of another person without his consent, and later the owner of the property consents and assures permission, the transaction will be valid.

Issue No. 1786Commodity and its Substitute

Transacting with Endowed

Issue No.1786- Transactions on endowed property are void. However, if it is spoiled to the extent that it cannot be used for the purpose which it was endowed for, like, if the carpet of a mosque is in a bad state that it is not possible to perform prayer on it, there is no objection in selling it. Similarly, old building materials which are no longer needed for reconstruction of the mosque, can be sold and the money acquired in this way should be spent in the same mosque for the same purpose. In case if this is not possible, it should be spent for a purpose which is nearest to the intention of the endower and if it is not needed for that mosque, it can be used in other mosques.

Issue No. 1887Commodity and its Substitute

Permissible Cases of Transacting with Endowed Properties

Issue No.1787- If in a private endowment, a serious strife crops up between the persons for whom endowment is made in a way that if the property is not sold there would be fear of mischief occurring or someone's life or property being endangered, in such cases, the property may be sold, and the sale profits should be spent for a purpose most similar to the intention of the person who made the endowment.

Issue No. 1791Formula Of Purchase and Sale

Niyyat of Insha’

Issue No.1791- At the time of pronouncing the formula of the transaction, both parties involved should intend to establish a transaction. That is, by uttering the above mentioned words, they should seriously intend upon buying and selling. Similarly, in cases where practical trade replace the verbal formula, there should also be the intention of selling and buying. Both natural and legal persons can be owners and can be parties in the contract. Thus a charitable or a non-profit institute, which has a legal personality, does not make any difference from a natural personality in this regard.