Is a person’s conduct, if he knows a contract is defective and enters into it, like the conduct of a usurper?
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The questioner : May Allah reward you, O Shaykh. I heard you in the Haram about two years ago say that if a person knows a contract is defective and enters into it…
The Shaykh : That?
The questioner : That if a person knows a contract is defective and enters into it…
The Shaykh : Yes.
The questioner : then his conduct is like the conduct of a usurper.
The Shaykh : Yes.
The questioner : Then one of the brothers told me that you issue a ruling to the contrary?
The Shaykh : How so? Like what?
The questioner : I mean, if a person enters into a defective contract without knowing it is defective…
The Shaykh : Yes.
The questioner : like someone who sells after the second call to Friday prayer…
The Shaykh : Yes.
The questioner : Do we say that his conduct is like the conduct of a usurper in terms of liability and…
The Shaykh : Yes, the school of thought holds that if one engages in a defective transaction, such as a person for whom Friday prayer is obligatory selling after its second call, the contract is invalid, and they consider his conduct like that of a usurper.
The questioner : He is liable for compensation, O Shaykh?
The Shaykh : Everything, whatever results from usurpation is upon him, but there is another opinion that it is not so.
The questioner : But which one do you consider stronger, O Shaykh?
The Shaykh : This is looked at in each case individually. It may be appropriate to treat him as a usurper and make him liable if the item is destroyed, and liable for the rent and everything, and it may be appropriate not to do so. Each case is judged on its own merits.
The questioner : May Allah reward you, O Shaykh.
The Shaykh : That?
The questioner : That if a person knows a contract is defective and enters into it…
The Shaykh : Yes.
The questioner : then his conduct is like the conduct of a usurper.
The Shaykh : Yes.
The questioner : Then one of the brothers told me that you issue a ruling to the contrary?
The Shaykh : How so? Like what?
The questioner : I mean, if a person enters into a defective contract without knowing it is defective…
The Shaykh : Yes.
The questioner : like someone who sells after the second call to Friday prayer…
The Shaykh : Yes.
The questioner : Do we say that his conduct is like the conduct of a usurper in terms of liability and…
The Shaykh : Yes, the school of thought holds that if one engages in a defective transaction, such as a person for whom Friday prayer is obligatory selling after its second call, the contract is invalid, and they consider his conduct like that of a usurper.
The questioner : He is liable for compensation, O Shaykh?
The Shaykh : Everything, whatever results from usurpation is upon him, but there is another opinion that it is not so.
The questioner : But which one do you consider stronger, O Shaykh?
The Shaykh : This is looked at in each case individually. It may be appropriate to treat him as a usurper and make him liable if the item is destroyed, and liable for the rent and everything, and it may be appropriate not to do so. Each case is judged on its own merits.
The questioner : May Allah reward you, O Shaykh.