Guiding the story of 'Umar in purchasing the prison house
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success, the jurists mentioned that it is not permissible to sell by saying, "I will sell you the house if you are pleased with its condition."
The Shaykh:
How, what?
The questioner:
The jurists mentioned that it is not permissible to sell by saying, "I will sell you the house if so-and-so is pleased."
The Shaykh:
Now, if I say, "I will sell it to you if Zayd is pleased," this is not valid because it is a conditional sale. This is what we just passed through; it is part of the fiqh we have here.
The questioner:
So how do we reconcile the story of 'Umar (may Allah be pleased with him) in purchasing the prison house, when the buyer said to the seller:
The Shaykh:
"This is an option, my brother. This is an option." This is a condition of option; it did not make the sale conditional upon 'Umar's pleasure. Rather, he bought it with a condition of option so that he could consult 'Umar (may Allah be pleased with him). And Allah the Exalted knows best, and may Allah send prayers and blessings upon our Prophet Muhammad.
He says: Honorable Shaykh, may Allah grant you success, the jurists mentioned that it is not permissible to sell by saying, "I will sell you the house if you are pleased with its condition."
The Shaykh:
How, what?
The questioner:
The jurists mentioned that it is not permissible to sell by saying, "I will sell you the house if so-and-so is pleased."
The Shaykh:
Now, if I say, "I will sell it to you if Zayd is pleased," this is not valid because it is a conditional sale. This is what we just passed through; it is part of the fiqh we have here.
The questioner:
So how do we reconcile the story of 'Umar (may Allah be pleased with him) in purchasing the prison house, when the buyer said to the seller:
The Shaykh:
"This is an option, my brother. This is an option." This is a condition of option; it did not make the sale conditional upon 'Umar's pleasure. Rather, he bought it with a condition of option so that he could consult 'Umar (may Allah be pleased with him). And Allah the Exalted knows best, and may Allah send prayers and blessings upon our Prophet Muhammad.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/71 شرح زاد المستقنع/ صالح الفوزان — youtube.com (17:42)
The Arabic text is a machine transcription of the audio recording.
