The Ruling on a Contract in Which Najsh Occurs
Machine translationRead the Arabic original
Question:
The Shaykh said: If najsh occurs in the speed, what is the ruling on the contract? Is it valid? And is it permissible for me, if I know about the najsh, to tell the buyer that the speed is not valid?
Answer:
According to the Hanbalis, the sale is valid, but the owner of the goods has the option. One form of this option is najsh: if the price increases due to the najsh and this is established, it gives him the option. He may take the goods if he wishes, or leave them. When he is given the option, the harm is removed from him. The contract is valid in itself; it is valid, but it includes the option.
The Shaykh said: If najsh occurs in the speed, what is the ruling on the contract? Is it valid? And is it permissible for me, if I know about the najsh, to tell the buyer that the speed is not valid?
Answer:
According to the Hanbalis, the sale is valid, but the owner of the goods has the option. One form of this option is najsh: if the price increases due to the najsh and this is established, it gives him the option. He may take the goods if he wishes, or leave them. When he is given the option, the harm is removed from him. The contract is valid in itself; it is valid, but it includes the option.
Source
قناة «العلامة الدكتور صالح الفوزان»، 9 من 89|شرح العدة في شرح العمدة|البيوع|فصل في حكم بيع الملامسة والمنابذة|صالح الفوزان|الفقه — youtube.com (38:15)
The Arabic text is a machine transcription of the audio recording.