The Choice Between Two Prices Before the Contract and the Principle that Liability Follows Possession
Machine translationRead the Arabic original
The questioner:
Our cars. Before he drinks, he turns to us.
The Shaykh:
This is before the contract. This is a choice before the contract. But once the contract is made, they must settle on something. Before the contract, you can say, "If you want a long term, the car is for this price; if you want a short term, the car is for that price." Before the contract, there is no objection. This is an offer, not a contract.
The questioner:
He bought the hair, then
The Shaykh:
This hadith is not what I am saying. Yes. Yes.
The questioner:
It is not that liability follows possession.
The Shaykh:
No, This is general, and this hadith specifies it. This is specific.
Our cars. Before he drinks, he turns to us.
The Shaykh:
This is before the contract. This is a choice before the contract. But once the contract is made, they must settle on something. Before the contract, you can say, "If you want a long term, the car is for this price; if you want a short term, the car is for that price." Before the contract, there is no objection. This is an offer, not a contract.
The questioner:
He bought the hair, then
The Shaykh:
This hadith is not what I am saying. Yes. Yes.
The questioner:
It is not that liability follows possession.
The Shaykh:
No,
Liability follows possession
الخراج بالضمان
Source
قناة «العلامة الدكتور صالح الفوزان»، 13 من 89|شرح العدة في شرح العمدة|البيوع|باب الخيار|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:06:08)
The Arabic text is a machine transcription of the audio recording.
