Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

The ruling on the acceptance preceding the offer in a sale

Machine translationRead the Arabic original
Question:
May Allah preserve you. The scholars say that a sale is concluded by an offer and an acceptance. The question is: Is it valid if the acceptance precedes the offer?

Answer:
It is valid. If someone says, “Sell me this item for ten riyals,” and the other says, “I have sold it to you,” this is valid. There is no harm in it; it is permissible for the offer to precede the acceptance. Yes. This is valid for a fundamental point. It is valid according to the choice of Shaykh al-Islam Ibn Taymiyyah, who held that contracts do not have specific words, but rather they proceed according to custom. If people consider it a sale and purchase in their custom, the sale is valid by that, because Allah has made selling lawful and left it general without specifying a particular formula. So whatever people have agreed upon as an offer and acceptance, the sale is valid by it. Yes. This is the view of the majority. And according to the Shaykh, all contracts are the same, because there is no text specifying them
Source قناة «العلامة الدكتور صالح الفوزان»، 8 من 89|شرح العدة في شرح العمدة|البيوع|فصل في حكم بيع الملامسة والمنابذة|صالح الفوزان|الفقه — youtube.com (17:41)

The Arabic text is a machine transcription of the audio recording.

Flag this fatwa