What is the ruling on a conditional sale, such as when the seller says: “I will sell it to you for the same price we sell it for in the market”?
Machine translationRead the Arabic original
Question:
The Honorable Shaykh, may Allah grant you success, says regarding the author’s (may Allah have mercy on him) statement on conditions: “A defective condition does not invalidate the contract, such as a condition that there be no loss, or that if it perishes, it is returned.” The question is: Does this include the sale by some institutions and companies known as “sale upon disposal”? That is, he gives it. This is a conditional sale, a conditional sale, conditioned upon disposal.
Answer:
“I will sell it to you for the same price we sell these goods for in the market.” This is unknown; I do not know what you will sell it for in the market. It may be high. This is a conditional sale that is unknown, so it is not valid.
The Honorable Shaykh, may Allah grant you success, says regarding the author’s (may Allah have mercy on him) statement on conditions: “A defective condition does not invalidate the contract, such as a condition that there be no loss, or that if it perishes, it is returned.” The question is: Does this include the sale by some institutions and companies known as “sale upon disposal”? That is, he gives it. This is a conditional sale, a conditional sale, conditioned upon disposal.
Answer:
“I will sell it to you for the same price we sell these goods for in the market.” This is unknown; I do not know what you will sell it for in the market. It may be high. This is a conditional sale that is unknown, so it is not valid.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1175 -2802] ما حكم البيع المعلق مثل قول البائع: أبيعك بمثل ما نبيع في السوق؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.