Conditions for the Validity of a Sale
Machine translationRead the Arabic original
Question:
He says: Shaykh, what are the conditions of murabahah in sale in our present time, and are all sales permissible and rewarded?
Answer:
A sale has seven conditions mentioned by the scholars. If they are all met, the sale is valid; if one of them is missing, the sale is invalid. The first is the mutual consent of both parties, for a sale is based on mutual consent,[An-Nisa 4:29]. The second condition is that the item being sold must be owned, and the price must be owned by each party: the seller owns the item, and the buyer owns the price.
The saying of the Prophet (peace and blessings be upon him)Sunan Ibn Majah 2187Hasan (Darussalam), unless he is an agent in the sale, or the judge intervenes in certain circumstances and sells on behalf of the delinquent debtor. Otherwise, the default is that it is not permissible to sell, and it is not permissible to force anyone to sell his property. A sale is based on mutual consent. Likewise, among the conditions for the validity of a sale is that the item being sold must be known, including its quantity, kind, and type. The price must also be known in quantity, kind, and type, among other conditions of a sale. However, these are the most important ones. Many people today are lax in observing them, selling and buying without adhering to these conditions. Yes.
The presenter:
May Allah reward you and bless you.
He says: Shaykh, what are the conditions of murabahah in sale in our present time, and are all sales permissible and rewarded?
Answer:
A sale has seven conditions mentioned by the scholars. If they are all met, the sale is valid; if one of them is missing, the sale is invalid. The first is the mutual consent of both parties, for a sale is based on mutual consent,
[in lawful] business by mutual consent
أَن تَكُونَ تِجَارَةً عَن تَرَاضٍ مِّنكُمْThe saying of the Prophet (peace and blessings be upon him)
Do not sell what is not with you.
لا تبع ما ليس عندكThe presenter:
May Allah reward you and bless you.
Source
نور على الدرب - الفوزان - 03/202 — archive.org (3:35)
The Arabic text is a machine transcription of the audio recording.
