Is the sale valid if the buyer purchases an item while reserving its usufruct (benefit) for the seller?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The sale is valid even when the seller stipulates retaining the usufruct of the object sold. This reserved usufruct remains reserved for the seller even if the buyer resells the object to a second buyer. If the second buyer was aware of this condition upon purchase, they have no option to annul the sale because they proceeded with full knowledge, analogous to purchasing a known defective item. The ruling is supported by the principle that entering a transaction with full awareness negates the right to annulment.
Supporting text
If the second buyer was unaware of the reserved usufruct, they possess the option to annul the contract because the reservation constitutes a defect, similar to purchasing a wife-bound female slave or a rented house.