A person agreed to pay $50,000 for a store, with a second payment of $50,000 due after one year, after which the store would belong to them. In the meantime, the first person would benefit from the rent. However, the store was destroyed in a previous war. Is the second person still obligated to pay the second $50,000?
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1 Answer
Peace be upon you and God's mercy and blessings.
Grand Ayatollah Sayyid Khamenei and Grand Ayatollah Sayyid Sistani (may God protect them):
It appears from the question that the sale did not actually take place; rather, there was an agreement to sell upon completion of the payment. Therefore, the one who intended to sell must return the amount received to the person who intended to buy. Assuming that the sale did take place but there was an agreement to deliver the sold item (the store or house) upon completion of the payment, since the sold item (the store or house) was damaged before delivery, the sale is voided, and the loss occurred at the seller's expense, thus the price should be returned to the buyer.
May you be successful in all good.
Source:
Grand Ayatollah Sayyid Khamenei (may God protect him): Tahrir al-Wasilah, Receipt and Delivery, M 2
Grand Ayatollah Sayyid Sistani (may God protect him): Minhaj al-Salihin, Vol. 2, Delivery and Receipt, M 191