The ruling on selling birds in the air if they are accustomed to returning
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, what is your opinion of this statement, and is it correct that it is valid to sell a bird in the air if it is accustomed to returning, so that if it returns, well and good, but if it does not, the buyer has the right to cancel the contract?
Answer:
No, this is not permissible, even if it is accustomed to returning, because it may not return. But they say that if it is in an enclosed space, if the bird flies but is in an enclosed place, in a room or a location, then it is possible to obtain it, because it has no room, it has no room to go, it is confined. But if it is in the air and has an enclosed space, this is not permissible, even if it is accustomed to returning. Yes.
He says: Honorable Shaykh, may Allah grant you success, what is your opinion of this statement, and is it correct that it is valid to sell a bird in the air if it is accustomed to returning, so that if it returns, well and good, but if it does not, the buyer has the right to cancel the contract?
Answer:
No, this is not permissible, even if it is accustomed to returning, because it may not return. But they say that if it is in an enclosed space, if the bird flies but is in an enclosed place, in a room or a location, then it is possible to obtain it, because it has no room, it has no room to go, it is confined. But if it is in the air and has an enclosed space, this is not permissible, even if it is accustomed to returning. Yes.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - 046-كتاب البيوع - شروط البيع - 26-1-23 هـ — archive.org (27:57)
The Arabic text is a machine transcription of the audio recording.