Buying and Selling: Ruling on Second Sale After Waiving Right of Withdrawal in First Sale

Practical Laws of Islam as per the teachings of Imam Khamenei

Buying and Selling: Ruling on Second Sale After Waiving Right of Withdrawal in First Sale

English:

Question #1562:

A person sold a plot of land. The two parties noted the sale on a piece of paper, stipulating that the vendor has no right of withdrawal whatsoever. However, having the title deed of the land still in his name, the vendor sold it to a third person. Is such a sale good enough?

Answer #1562:

After the sale of the land was concluded in a proper and shar‘ī manner, with the provision of foregoing the right of withdrawal, the vendor has no right to sell it to another person. However, the second sale is categorised as fuḍūlī which is definitely dependent on the consent of the first buyer.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Buying and Selling