The Difference Between Khul' with an Unknown Item and Sale with an Unknown Item
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, I have a difficulty regarding exchange with an unknown item. How is it valid in khul' (divorce at the wife's request for compensation) but not valid in sale, such as the case of carrying a beast?
Answer:
Sale is an exchange of a commodity for a price. As for this, it is not a sale; rather, it is a dissolution. It is the dissolution of a contract. That is a contract; this is not a dissolution. Sale is a contract, and this is the dissolution of a contract, not a contract. Yes, there is a difference between contracts and dissolutions. Yes.
He says: Honorable Shaykh, may Allah grant you success, I have a difficulty regarding exchange with an unknown item. How is it valid in khul' (divorce at the wife's request for compensation) but not valid in sale, such as the case of carrying a beast?
Answer:
Sale is an exchange of a commodity for a price. As for this, it is not a sale; rather, it is a dissolution. It is the dissolution of a contract. That is a contract; this is not a dissolution. Sale is a contract, and this is the dissolution of a contract, not a contract. Yes, there is a difference between contracts and dissolutions. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 084 من 123 / شرح كتاب زاد المستقنع / الطلاق / عشيرة النساء / صالح الفوزان / الفقه / كبار العلماء — youtube.com (1:03:48)
The Arabic text is a machine transcription of the audio recording.