Sale on the basis of resale in institutions and companies
Machine translationRead the Arabic original
Question:
We say: Honorable Shaykh, may Allah grant you success, regarding the author’s (may Allah have mercy on him) statement in the chapter on conditions, that a defective condition does not invalidate the contract, such as a condition that there be no loss, or that if it perishes, it shall be returned. The question is: Does this include the sale of some institutions and companies that is called a sale on the basis of resale, meaning that he gives…
Answer:
A suspended sale; this is a suspended sale, suspended on the basis of resale. I sell to you on the condition of a like-for-like exchange, I sell to you at the same price as what we sell in the market of these goods. This is unknown; what do you intend to sell in the market? It may be high. So this is a suspended, unknown sale, and it is not valid. Yes.
We say: Honorable Shaykh, may Allah grant you success, regarding the author’s (may Allah have mercy on him) statement in the chapter on conditions, that a defective condition does not invalidate the contract, such as a condition that there be no loss, or that if it perishes, it shall be returned. The question is: Does this include the sale of some institutions and companies that is called a sale on the basis of resale, meaning that he gives…
Answer:
A suspended sale; this is a suspended sale, suspended on the basis of resale. I sell to you on the condition of a like-for-like exchange, I sell to you at the same price as what we sell in the market of these goods. This is unknown; what do you intend to sell in the market? It may be high. So this is a suspended, unknown sale, and it is not valid. Yes.
Source
شرح أخصر المختصرات في الفقه، فصل: والشروط في البيع ضربان — islamhouse.com (54:46)
The Arabic text is a machine transcription of the audio recording.