The Meaning of the Author's Statement: The Chapter on Conditions in Sales
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The Shaykh : Because the difference between "conditions in sales" and "conditions of sales" is from three angles. The difference between our saying "conditions in sales" and "conditions of sales" is from three angles. Pay attention, my son, you will be asked about them.
The first difference: The conditions of sales are established by the Shari'ah, while the conditions in sales are established by the contracting parties. This is one difference. The conditions of sales are established by the Shari'ah, and the conditions in sales are established by the contracting parties.
The second difference: The validity of the sale depends on the conditions of sales, so if one of them is missing, the sale is defective. The binding nature of the sale depends on the conditions in sales, meaning that if one of them is missing, the person who has that condition has the right to annul the contract.
The second difference: The validity of the sale depends on the conditions of sales, meaning that if one of the conditions is missing, the sale is not valid. The binding nature of the sale depends on the conditions in sales, meaning that if one of them is missing, the person who has that condition has the right to annul the contract. The person who has that condition has the right to annul the contract.
The third difference: All the conditions of sales are valid. All the conditions of sales are valid, because they are established by the Shari'ah, and whatever the Shari'ah establishes is all valid. As for the conditions in sales, some are valid and some are not valid. That is, some are valid and accepted by the Shari'ah, and some are not valid. For example, if I sold you a car and stipulated that I would travel on it to Madinah, is the condition valid? The condition is valid. But if I sold you a slave and stipulated that his loyalty (wala') would be mine if I freed him, the condition is not valid. So how many differences are there now? Three. My brother, the first difference.
The student: ...
The Shaykh : Yes, perfect.
The student: ... it is obligatory ...
The Shaykh : No, you are leaving today. Rest. Yes.
The student: The first condition ...
The Shaykh : We have finished with the first condition. The conditions of sales are established by the Shari'ah, and the conditions in sales are established by the contracting parties. The second difference.
The student: ...
The Shaykh : What?
The student: All the conditions of sales are valid.
The Shaykh : Yes, all the conditions of sales are valid. Yes.
The student: As for the conditions in sales, some of them are ...
The Shaykh : Some are valid and some are defective. The third difference?
The student: ...
The Shaykh : No, be safe. Go and rest a little. Who knows?
The student: I do, O Shaykh.
The Shaykh : You? Please, go ahead.
The student: The third difference: That the validity of the sale depends on the conditions of sales.
The Shaykh : Yes
The student: So if one is missing, the sale is defective.
The Shaykh : Yes
The student: And the binding nature of the sale depends on the conditions in sales.
The Shaykh : Yes
The student: So if one is missing, the sale is defective.
The Shaykh : The person who has the condition has the right to annul the sale. Yes. May Allah bless you. Strive, my son. If Allah wills, you have a future. Rest. May Allah bless you.
What is the third difference? What is the third difference? ... The third difference: The validity of the sale depends on the conditions of sales, meaning that if one of them is missing, the sale is not valid. The binding nature of the sale depends on the conditions in sales, meaning that if one of the conditions is missing, the person who has the condition has the option to annul the contract. He has the right to annul the contract. Is that clear? Now, let us return to the hadith of Aisha that the author mentioned in the chapter on conditions in sales.
The first difference: The conditions of sales are established by the Shari'ah, while the conditions in sales are established by the contracting parties. This is one difference. The conditions of sales are established by the Shari'ah, and the conditions in sales are established by the contracting parties.
The second difference: The validity of the sale depends on the conditions of sales, so if one of them is missing, the sale is defective. The binding nature of the sale depends on the conditions in sales, meaning that if one of them is missing, the person who has that condition has the right to annul the contract.
The second difference: The validity of the sale depends on the conditions of sales, meaning that if one of the conditions is missing, the sale is not valid. The binding nature of the sale depends on the conditions in sales, meaning that if one of them is missing, the person who has that condition has the right to annul the contract. The person who has that condition has the right to annul the contract.
The third difference: All the conditions of sales are valid. All the conditions of sales are valid, because they are established by the Shari'ah, and whatever the Shari'ah establishes is all valid. As for the conditions in sales, some are valid and some are not valid. That is, some are valid and accepted by the Shari'ah, and some are not valid. For example, if I sold you a car and stipulated that I would travel on it to Madinah, is the condition valid? The condition is valid. But if I sold you a slave and stipulated that his loyalty (wala') would be mine if I freed him, the condition is not valid. So how many differences are there now? Three. My brother, the first difference.
The student: ...
The Shaykh : Yes, perfect.
The student: ... it is obligatory ...
The Shaykh : No, you are leaving today. Rest. Yes.
The student: The first condition ...
The Shaykh : We have finished with the first condition. The conditions of sales are established by the Shari'ah, and the conditions in sales are established by the contracting parties. The second difference.
The student: ...
The Shaykh : What?
The student: All the conditions of sales are valid.
The Shaykh : Yes, all the conditions of sales are valid. Yes.
The student: As for the conditions in sales, some of them are ...
The Shaykh : Some are valid and some are defective. The third difference?
The student: ...
The Shaykh : No, be safe. Go and rest a little. Who knows?
The student: I do, O Shaykh.
The Shaykh : You? Please, go ahead.
The student: The third difference: That the validity of the sale depends on the conditions of sales.
The Shaykh : Yes
The student: So if one is missing, the sale is defective.
The Shaykh : Yes
The student: And the binding nature of the sale depends on the conditions in sales.
The Shaykh : Yes
The student: So if one is missing, the sale is defective.
The Shaykh : The person who has the condition has the right to annul the sale. Yes. May Allah bless you. Strive, my son. If Allah wills, you have a future. Rest. May Allah bless you.
What is the third difference? What is the third difference? ... The third difference: The validity of the sale depends on the conditions of sales, meaning that if one of them is missing, the sale is not valid. The binding nature of the sale depends on the conditions in sales, meaning that if one of the conditions is missing, the person who has the condition has the option to annul the contract. He has the right to annul the contract. Is that clear? Now, let us return to the hadith of Aisha that the author mentioned in the chapter on conditions in sales.