Ṣulḥ: Validity of Sale Following a Prior Ṣulḥ and the Effect of Donor’s Mental Capacity

Practical Laws of Islam as per the teachings of Imam Khamenei

Ṣulḥ: Validity of Sale Following a Prior Ṣulḥ and the Effect of Donor’s Mental Capacity

English:

Question #1778:

In a ṣulḥ deed, a person gave his son a part of his property. Two years later, the father sold the same property to his son. After the father had passed away, his heirs produced a medical report to the effect that the father was not in his full mental capacity. Did the sale of the same property, which was relinquished by the father to the son, supersede the agreement between the two parties? And suppose that the ṣulḥ still stands; is it enforceable in one-third of the property, which was relinquished, or in all of it?

Answer #1778:

The ṣulḥ deed is valid and enforceable. Unless the right of revocation by the giver has been proved, it is binding (irrevocable) as well. As a result, its subsequent sale by the donor at a later date was invalid, even in case the donor was enjoying full mental capacity. The ṣulḥ deed, which was materialized and ruled as both valid and binding, is enforceable in all the property that was relinquished.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Ṣulḥ