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Fatwa CenterSeller's need of money is not an impediment to buy from him
Question
My mother has two brothers Salem (elder) and Sameer (younger).They lived in a small house which had a kitchen and a small room. Just before Salem’s marriage, thinking that it will be difficult for the brothers to live in such a small room, my father built a big house (demolishing the small house) which has two floors, first floor has two rooms for two brothers and a single kitchen and the ground floor has two stalls the rent of which is paid for loan taken during house construction and also my father use to pay a part from his salary for the loan. The total cost for house construction is around 5 Lakhs (INR).Out of 5 Lakhs our elder mamu(Salem) has given 40,000 rupees(INR) and the remaining money is from my father which he had taken as loan.The interest for 5 Lakhs is 5000 per month.3000 rupees came from the two stalls and the remaining 2000 rupees my father use to pay for which both the brothers(Salem and Sameer) had agreed
This went smooth for 5-6 years .After this we came to knew that our elder mamu(Salem) had taken loan of 4Lakhs rupees keeping the house papers as security. Now he is not in a position to pay for the loan and he is asking us to clear the loan and buy the house.We did the same and paid them extra 10 Lakhs ,I mean we paid 4 Lakhs for the house loan and 6 Lakhs to them(mamu’s).Market value of that house is at present 14-15 Lakhs.If we had not bought that house the authority(from where he had taken loan) would have seize the house.
My Question is ,is it ok to buy that house(we are paying the amount excluding what we had invested) or it is utilising the poor condition of our relative to our benefit.Please reply
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
The role of your father in building the house is not clear to us, however, there is no doubt that it is forbidden for him to borrow money from the bank for this purpose because this loan involves Riba (interest and/or usury), and Riba is one of the great major sins. Therefore, he is obliged to repent to Allaah and be determined not to return to such a sin again.
For more benefit, please refer to Fataawa 82102 and 86371.
As regards selling and buying the house, if you know that the sale fulfils the conditions of a correct sale, and the seller possesses the house or is (a person who is) authorized to sell it, then buying it is acceptable.
Moreover, the need of the seller to sell his house is not an impediment to buy it from him, however, as buyers; you have the right to deduct from the price without any interest the debts that the seller or owner owes you.
Allaah Knows best.
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