The Effect of the Defect of a Condition of Sale on Its Validity
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The questioner:
The questioner says: Honorable Shaykh, does the sale contract become defective if the condition is not specified?
The Shaykh:
If a condition for the validity of a sale is defective, the sale is invalid; there is no doubt about this. For example, if the price is unknown, or if the item being sold is forbidden, such as intoxicants, pork, or musical instruments, the sale is invalid. If a condition for the validity of a sale is defective, the sale is invalid, because a condition is that without which the absence of the conditioned thing occurs. So if the condition is absent, the validity of the sale is absent. Or, for example, if the sale is not by mutual consent, and the seller is forced to sell or coerced into selling, or the buyer is coerced into buying, it is not valid. Allah the Exalted said regarding mutual consent:[An-Nisa 4:29] And likewise, if a condition for the validity of a sale is defective, or if the seller or buyer is not qualified to sell, such as a minor or a spendthrift—meaning his transactions are not valid—or a madman, the sale is invalid due to the defect of the condition. Yes.
The questioner:
Sometimes a man is forced to sell.
The Shaykh:
If he is forced rightfully, such as if he has debts and is forced to sell his house to pay off debts, a house that is not his residence, a house in excess of his needs, and he is forced to sell it to pay off the debts, this is coercion with right, and there is no harm in it. The discussion is about coercion without right. Yes.
The questioner:
If the final period is not specified.
The Shaykh:
If it is not specified.
The questioner:
Yes.
The Shaykh:
It is not valid. No, the condition is defective, but the sale is not invalid. It becomes without the option of rescission, and the sale is valid.
The questioner says: Honorable Shaykh, does the sale contract become defective if the condition is not specified?
The Shaykh:
If a condition for the validity of a sale is defective, the sale is invalid; there is no doubt about this. For example, if the price is unknown, or if the item being sold is forbidden, such as intoxicants, pork, or musical instruments, the sale is invalid. If a condition for the validity of a sale is defective, the sale is invalid, because a condition is that without which the absence of the conditioned thing occurs. So if the condition is absent, the validity of the sale is absent. Or, for example, if the sale is not by mutual consent, and the seller is forced to sell or coerced into selling, or the buyer is coerced into buying, it is not valid. Allah the Exalted said regarding mutual consent:
[in lawful] business by mutual consent
تَكُونَ تِجَارَةً عَن تَرَاضٍ مِّنكُمْThe questioner:
Sometimes a man is forced to sell.
The Shaykh:
If he is forced rightfully, such as if he has debts and is forced to sell his house to pay off debts, a house that is not his residence, a house in excess of his needs, and he is forced to sell it to pay off the debts, this is coercion with right, and there is no harm in it. The discussion is about coercion without right. Yes.
The questioner:
If the final period is not specified.
The Shaykh:
If it is not specified.
The questioner:
Yes.
The Shaykh:
It is not valid. No, the condition is defective, but the sale is not invalid. It becomes without the option of rescission, and the sale is valid.
Source
قناة «العلامة الدكتور صالح الفوزان»، 13 من 89|شرح العدة في شرح العمدة|البيوع|باب الخيار|صالح الفوزان|الفقه|كبار العلماء — youtube.com (53:20)
The Arabic text is a machine transcription of the audio recording.