Conditions Stipulated in the Contract | Islamic Laws by The Leader Ayatullah Ali Khamenei
Conditions Stipulated in the Contract
Q1520. Someone sold his orchard to someone else. The seller made a provision in the sale contract that the yield of the orchard belongs to him during his lifetime. Is such a deal valid?
A: There is no objection to selling some property without the return it makes for a definite period of time provided that the sold property has monetary value according to both shar and common view that it is useful and productive at least after the agreed period. However, should the exception of the benefit for a non-specified period result in not knowing about the price of the property or the property itself, the sale is void because the sold item is of unknown specificities.
Q1521. Should the buyer stipulate in the sale agreement that the seller pays a particular amount of money for any delay in delivering the goods beyond the agreed date, is this binding?
A: There is no harm in stipulating such a condition and the seller is obliged, in case of delay in the delivery of the sold goods, to act according to it. The buyer, also, has the right to demand the condition be honored by the vendor.