Hiring, Renting, and Lease: Ruling on Validity of Sarqoflī When Payment Is Not Received

Practical Laws of Islam as per the teachings of Imam Khamenei

Hiring, Renting, and Lease: Ruling on Validity of Sarqoflī When Payment Is Not Received

English:

Question #1663:

I rented a place to someone and sold its sarqoflī for a certain amount. He paid me by check which I could not cash due to non-availability of funds in his account. However, he is using the property. Although I have not received the money, he claims ownership of sarqoflī. Does it belong to him or is the transaction deemed invalid because I did not receive the money?

Answer #1663:

Non-availability of funds in the buyer’s account which prevented you from cashing the amount should not render the transaction invalid after the sale was concluded properly. The right of sarqoflī should be the buyer’s. The seller can demand from the buyer to clear the outstanding check plus compensation for decrease in purchasing power of the money.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Hiring, Renting, and Lease