Asking the buyer to settle the amount due to the Housing Department

Q: I purchased a house in Lenasia in 1980. A few years later, in 1984, I sold it to another person by the name of Zubair for R75000.00 and I received this amount in full. at that time, I still had R22000.00 outstanding on this house to be paid to the housing department. Zubair had agreed that he would also pay off the outstanding R22000.00 that was owed to the housing department.

We had agreed on this and parted ways. The property still legally remained on my name as Zubair was not able to afford the transfer at that time. However, it was understood and agreed that the house now belonged to him.

In 1985, I applied for land in Durban  and was awarded land. In June 2007, I received a letter from the housing department stating that I am entitled to a discount benefit scheme that was to write off all arrears accumulated and to give transfer of the title deeds of the property in Durban. When I went to apply for this discount, the housing department realized that the property I had sold to Zubair in Lenasia is on my name and they had assumed it to be mine and had written off all arrears on that property which stood at R31929.00 at that time. As a result, I was unable to obtain the discount on the land that I actually own here in Durban and I really need this discount because I still owe 30 000 on this property I have in Durban. When I approached the housing department to explain to them what happened, they said that they cannot do anything about it since the property in Lenasia is still registered on my name (but I sold it long ago!). The housing department advised me that I should sort it out with Zubair. Am I entitled to any recourse and can I claim from Zubair the amount that was mistakenly written off on my name from which he benefited? 

Please advise what are my rights in this situation.

Evading government levy on imported goods

Q: A certain person imports electronics and pays duty and tax on it as normal. Recently, the government has introduced another tax on such goods imported which is a fixed rate of R3 on each item imported. Previously, the goods used to land the importer at R1.80 per item after paying taxes and duty, and now lands him at R4.80 which is quite ridiculous. Is it permissible for him to avoid this levy?

Owing money to a company which has been sold to another company

Q: A few years back, I owed money to a company. A family member who was owing me money undertook to pay it on my behalf in lieu of what he owed me. I have recently found out that this money was never paid by him. On contacting the business, they told me that it has been bought over by another company, but the person I spoke to was unsure whether the company had taken over the debtor’s book of the company and was of the opinion that they had only bought out the stock holding. I have sent them numerous e-mails trying to establish if this was the case, and if so, requested that they provide me with the details of the previous owners so that I may repay this amount. To date, I have had no correspondence from them and find myself in a predicament of not knowing where I stand. What should I do in this situation?

Inheritance Question

Q: I need your shariah ruling on the following matter. A property was sold in 2003 for an agreed sum. The seller, represented by executors and heirs duly signed the purchase and sale agreement. The purchaser paid the transfer duty to SARS via the conveyancer. To date, transfer of the property has not taken place. Some executors and heirs who signed the agreement are now deceased, thus estates upon estates had to be finalised causing indefinite delay in transfer. 

The new heirs are not willing to honour their parents signatures on the agreement, reason being:

  1. Price of property - not market related - as at today
  2. Arrear rental - some of the buyers are tenants on this property and have refused to pay the increase in rental due to the delay.

At present, papers are ready for transfer, pending the signature of a few heirs. If the seller does not honour the agreement, the purchaser is now seeking High Court ruling for finalisation.

Does the seller have any reason to dishonour this agreement? 

I seek the shariah ruling, hoping to resolve this matter.

Delaying having a bath after intercourse

Q: After intercourse if I get any najasat impurity on my body then immediately I wash off everything then in the morning before going to the gym I don't takea bath and wear my gym garments then after coming back from the gym I take a bath. I know this will clean all the impurity but some day if I dont have intercourse with my husband and before going to the gym I use the same unwashed gym garments then tell me this will make me impure najis or am I pure? Because I get a little sweat while I excercise.

Delaying marriage

Q: I am engaged to my cousin from last 2 years, we have 10 years of difference in our age. We are dying to get married with each other but our parents specially my fiance's parents are not willing to marry her daughter till 8 to 10 months more. My parents are ready but the girl's parents are saying that we are not in a position to arrange money for marriage. My age is 31 now and I am losing control on my patience. I am afraid of going on wrong path if I dont get married till next 3 months. Please tell me weather girl's parents are doing correct thing by holding our marriage?

المؤذن يشتغل بقراءة سورة يس جهراً قبل صلاة الجمعة

س: هنا في المسجد عندنا يوجد العادة، بأن المؤذن يشتغل بقراءة سورة يس جهراً بصوت مرتفع، في يوم الجمعة قبل صلاة الجمعة. هل يجوز لي أن أشتغل بالذكر منفرداً في تلك الوقت، بغير استماع قراءته القرآن، و أنا في المسجد؟