The Difference Between an Invalid Sale and a Defective Sale
Machine translationRead the Arabic original
The questioner:
And Honorable Shaykh, what is the difference between when a person says, "This sale is invalid," and when he says, "This sale is defective"?
The Shaykh:
According to the Hanbalis, there is no difference between invalid and defective; the meaning is the same. There is no difference between invalidity and defectiveness according to the Hanbalis, especially in sales or anything equivalent. They only distinguished between invalid and defective in marriage. They said that the invalid is what there is consensus on its invalidity, and the defective is what there is disagreement on. This is specific to marriage according to the Hanbalis. Yes.
The questioner:
And the attendance at the tape.
The Shaykh:
Or they said that the invalid in marriage is what is missing a pillar, and the defective in marriage is what is missing a condition. So they only distinguish between them in marriage. Yes.
And Honorable Shaykh, what is the difference between when a person says, "This sale is invalid," and when he says, "This sale is defective"?
The Shaykh:
According to the Hanbalis, there is no difference between invalid and defective; the meaning is the same. There is no difference between invalidity and defectiveness according to the Hanbalis, especially in sales or anything equivalent. They only distinguished between invalid and defective in marriage. They said that the invalid is what there is consensus on its invalidity, and the defective is what there is disagreement on. This is specific to marriage according to the Hanbalis. Yes.
The questioner:
And the attendance at the tape.
The Shaykh:
Or they said that the invalid in marriage is what is missing a pillar, and the defective in marriage is what is missing a condition. So they only distinguish between them in marriage. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 12 من 89|شرح العدة في شرح العمدة|البيوع|باب بيع الأصول والثمار|صالح الفوزان|الفقه|كبار العلماء — youtube.com (47:04)
The Arabic text is a machine transcription of the audio recording.
