so selling it would be a loss of the advantage. However, if it becomes necessary to sell it, it is permissible. Abu Dawud narrated from Ahmad: It is permissible for the guardian to sell houses on behalf of minors if it is for their benefit. Al-Thawri, Al-Shafi'i, the People of Opinion (Ashab al-Ra'y), and Ishaq held this view, saying: He may sell if he sees it as advantageous. The Qadi said: It is not permissible except in two situations: First, if there is a necessity for clothing, maintenance, paying a debt, or what is indispensable, and he has nothing else with which to meet this need. Second, if there is a great advantage in its sale, which is when one is offered a significant increase over the fair market price. Abu al-Khattab said: Such as one-third or the like. Or, if he fears its loss through flooding, ruin, or the like. This is the school of Al-Shafi'i. The speech of Ahmad implies the permissibility of selling in every situation where it is for their benefit, and it is not limited to what they have mentioned. The guardian might see an advantage in other than this, such as if it is in a place where he derives no benefit, or the benefit is minimal, so he sells it and buys for him in a place where the benefit is greater, or he sees something in its purchase that is advantageous, and he cannot purchase it except by selling his real estate. Sometimes the house is in a place where the boy is harmed by staying there due to bad neighbors or other reasons, so he sells it and buys for him with its price a house in which it is suitable for him to reside, and similar instances that are inexhaustible. It may also be that there is no advantage in selling his real estate, even if he were offered twice its price, either because he is in need of it, or because it is not possible to spend its price on its equivalent, so the money is wasted and no blessing is found in it. It has come from the Prophet (may Allah bless him and grant him peace): "Whoever sells a house or real estate and does not spend its price on its equivalent, he will not be blessed in it." Thus, it is not permissible to sell it, and there is no meaning to restricting it to what they mentioned regarding its permissibility or prohibition. Rather, whenever its sale is more advantageous for him, it is permissible [to sell it; otherwise], it is not.
(12) Al-Nazar (The consideration/advantage): Means assistance, and it is linked with the particle 'lam'. Taj al-Arus (N-Z-R). (13) In the original: "Fiha" (in it/her). (14) Reported by Ibn Majah, in: The Chapter on Whoever Sells Real Estate and Does Not Put Its Price into Its Equivalent, from the Book of Pledges (Al-Ruhun). Sunan Ibn Majah 2/832. And Al-Darimi, in: The Chapter on Whoever Sells a House and Does Not Put Its Price into Its Equivalent, from the Book of Sales. Sunan al-Darimi 2/273. And Imam Ahmad, in Al-Musnad 4/307. (15) In the original: "Wa ma" (And what).
