What is the proper resolution when an heir-approved sale during illness involves a concession exceeding one-third of the estate?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the heirs permit the sale made under excessive concession (more than one-third), the sale is binding as agreed. If the heirs do not approve and the buyer chooses to proceed with the sale, the soundest opinion is that the buyer takes half of the sold item in exchange for half of the price, and the sale is rescinded for the remaining portion. This is one view among the companions of Imam Al-Shafi'i. Another view suggests the buyer takes two-thirds of the item in exchange for the entire price, based on the idea that the concession merits one-third, and the price merits the other portion.
Supporting text
The scholars of Iraq propose that the buyer must either pay an additional ten (to complete the full value) and take the item, or rescind the contract and receive nothing. Malik's position allows the buyer to rescind and take one-third of the item in exchange for the concession, which his followers term 'khul' of the third.'