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Her Brother Cheated Her And Bought Her Share For A Very Low Price, And Is Refusing To Give Her Anything...

Nigeria Student Forum / Books/Literature/Writing / Muslim's Forum / Her Brother Cheated Her And Bought Her Share For A Very Low Price, And Is Refusing To Give Her Anything... (36) Views

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Rufai Oladimeji
Lagos State University
English
100Level, Nigeria.
Question

My father died and left behind a
tannery; my brother took over
running it and he was paying us
rent. Two months ago, I asked him
to buy my share, because I needed
the money. I did not know the value
of my share, and I did not ask
anyone, because I trusted my
brother. So he bought it for 60,000
pounds. Two weeks later, he bought
from the rest of my sisters their
shares in the tannery, paying each
one 160,000 pounds, i.e., more than
double (what he had paid me). I
found out that the government
estimated it at a higher price,
because the business is going to be
moved, and he knew and my sisters
all knew, except me. Now he has
cheated me, because he knew the
real price, but when I asked him to
give me the rest of the money, he
said to me: You sold it and you
agreed (to that price), and I bought
it. Do I really have no right to ask
for the rest of my dues like my
sisters? Or will he bear a burden of
sin, and is he obliged to give me the
rest of what is due to me, because
he deceived me?

Answer

Praise be to Allah.
Firstly:
If someone sells something to
another person who is unaware of
its real price and did not bargain
about the price, trusting the
purchaser to be honest, then finds
out that he was cheated, he has the
choice to annul the deal.
He has the right to ask the
purchaser for the rest of the price,
and if the purchaser refuses, then
the seller has the right to cancel the
deal, take back the items sold, and
give back to the purchaser the price
that he paid.
The fuqahaa’ differed with regard to
the percentage of the price that is
regarded as cheating – whether it is
one third or one fifth or what is
regarded by traders as being unfair
and cheating – but if your brother
bought from your sisters their
shares, which were the same as
your share, for 160,000, and this
was the market price, then what
happened to you is cheating and is
unfair according to scholarly
consensus.
See the answer to question no.
263764.
It says in Kashshaaf al-
Qinaa‘ (7/435) regarding one who
has the right to cancel a deal that is
regarded as unfair and cheating: …
the third case is one who entered
into a transaction on the basis of
trust. What is meant here is one
who was unaware of the real value,
whether he was a seller or a
purchaser, and is not good at
bargaining. He has the option of
annulling the deal if he was cheated
of the percentage mentioned above,
i.e., by a percentage that is out of
the ordinary, because that unfair
deal took place because of his
ignorance (of the real value).
Therefore he has the right to annul
the deal.
But in the case of one who has
experience and is aware of the price
of the item sold, but enters into a
transaction knowing that the price
is unfair, and one who accepts an
unfair price because he was in a
hurry to sell, and if he had paused
to think and had not rushed, that
unfair transaction would not have
taken place – in these cases they do
not have the right to annul the deal,
because there was no cheating or
deceit in this case. End quote.
Shaykh Ibn ‘Uthaymeen (may Allah
have mercy on him) said: If
someone buys an item for 2500
riyals, when it is only worth 1500
riyals, if the seller knew that the
price was 1500 riyals, but he knew
that this man was a stranger who
did not know prices, and he sold it
to him for 2500, then he is sinning
and it is not permissible for him to
do that; if the buyer finds out, then
he has the right to annul the deal,
and this is described as an
annulment due to an unfair deal,
because 1000 out of 2500 is a lot.
But if it was slightly unfair, such as
a 10% difference, then that does
not matter, because people
commonly do deals that involve
slight overcharging or
undercharging.
But if the seller does not know – for
example, if the price is 2500 but
prices have fallen, and the seller is
unaware of the fall in prices, then
the seller is not sinning, but the
purchaser still has the right to
annul the deal, because he has been
subject to an unfair deal.
End quote from Liqaa’ al-Baab al-
Maftooh (56/14).
And he (may Allah have mercy on
him) said: if someone were to ask: is
it possible for the seller to enter
into an unfair deal and be cheated?
The answer is: Yes, this happened a
great deal, especially in earlier
times. For example, a trader might
know that sugar was rising in price,
so he would go to people who had
sugar and buy all that they had at
the current price, when they did not
know that its value had risen. This
is undoubtedly unfair and is
cheating, and the sellers were not
being negligent when they sold it at
that price, because when they sold
it they thought that that was the
correct value and that the prices
were stable.
To sum up: just as the purchaser
has the right to cancel the deal if
he finds out that he got into an
unfair deal, the seller also has the
right, if he finds that he got into an
unfair deal, to cancel the deal.
There is no difference in that
regard.
End quote from ash-Sharh al-
Mumti‘ (8/303).

Secondly:
The right to cancel an unfair deal
gives the one who finds that he has
been cheated the choice between
annulling the deal or going ahead
with the deal without any
compensation.
Some of the scholars said: he has
the right to choose between
cancelling the deal or going ahead
with the deal with compensation,
which is to make up for the
difference in price.
According to the first view, you
have the right to cancel the deal,
then to sell your share for the price
that you want.
According to the second view, you
have the right to go ahead with the
deal and to be given the difference,
which is 100,000.
It says in Kashshaaf al-
Qinaa‘ (3/212):
The purchaser has a choice between
returning the goods or keeping
them.
Ibn Rajab said in Sharh al-Arba‘een
an-Nawawiyyah : The price should be
reduced for the purchaser to a level
that is fair, if he has been cheated,
and the extra amount should be
returned to him if he has already
paid it.
And Allah knows best.

islamqa.info/en/answers/283811/her-brother-cheated-her-and-bought-her-share-for-a-very-low-price-and-is-refusing-to-give-her-anything-on-the-grounds-that-she-agreed-to-the-sale

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