Agreed to Sell for a Price but Another Buyer Offered More Money

2-7-2003 | IslamWeb

Question:

I talked with someone to sell him my car and we agreed on the amount, and he will give me the money after three days. After one day someone came and offered me more money than the first one. Do I have to sell to the first one or can I sell my car to the second one who will pay more money.

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Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.

Your agreement with the first person can be either a promise or a contract. So, if you promised that the transaction will be concluded after three days; this is a promise to sell and fulfilling one's promise is desirable according to the view of the majority of the scholars, and the Maaliki School of jurisprudence is of the view that it is obligatory to fulfill it if any harm could be incurred to the other party.

But if the agreement was already concluded whereby the car was sold and what is being awaited is the payment of the amount due, then this is a contract and the transaction was completed and it is unlawful for you to sell it to somebody else as it is no longer yours.

Allah knows best.