The Criterion for the Unknown Subject of a Claim
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, can we say that the criterion for the unknown subject of a claim is that it is anything upon which a contract may validly be concluded while it is unknown?
Answer:
No, no, my brother, no. This is specific to bequests only. It is specific to bequests; a bequest is valid if the subject is unknown, but anything other than a bequest is not. Yes.
He says: Honorable Shaykh, may Allah grant you success, can we say that the criterion for the unknown subject of a claim is that it is anything upon which a contract may validly be concluded while it is unknown?
Answer:
No, no, my brother, no. This is specific to bequests only. It is specific to bequests; a bequest is valid if the subject is unknown, but anything other than a bequest is not. Yes.
Source
شرح أخصر المختصرات في الفقه، فصل: وشرط كون مدع ومنكر جائزي التصرف — islamhouse.com (50:27)
The Arabic text is a machine transcription of the audio recording.