The Book of Marriage, Breastfeeding, Divorce, Mutual Oath-Swearing, and Manumission-02b

The Shaykh : Give permission for what? Give permission out of satisfaction. As for out of shyness or bashfulness, it is not permissible. And his saying has two forms: The first form is that he sells over his sale while the option is in effect, meaning that he knows that so-and-so sold his house to so-and-so and stipulated an option for a week, so the man goes and buys it, or another man goes and says to the buyer, "I have something better than it for its price, or the same for less." There is no doubt in its prohibition if it is during the time of what? The option. The second form comes after the adhan, if Allah wills. We said that selling over the sale of one's brother has two forms: The first form is that it occurs during the time of the option, so there is no doubt in its prohibition. An example is a man who sold a house to a person and stipulated an option for a week, so another person came to him and said, "I heard that you sold your house, for example, for one hundred thousand, and I will buy it from you for one hundred and ten thousand." This is forbidden, it is not permissible. Why? Because it is a clear transgression. Likewise, in the option of the meeting, if a man in the meeting sold a car to a person and said, "Sell me your car for fifty thousand," and the other said, "May Allah reward you, I sold it to you," and the sale was completed. Now, as long as they are in the meeting, they have the option. So one of the attendees said, "I will buy it from you for fifty-one thousand." This is forbidden. Why? Because it is during the time of the option. As for after the time of the option has ended, the scholars differed on this. An example is a man who sold a car to a person and they separated, then a person came to the seller and said, "I heard that you sold your car to so-and-so for such and such, for fifty thousand." He said, "Yes." He said, "I will give you fifty-one thousand. You sold it to him cheaply, I will give you fifty-one thousand." Is this forbidden or not? The apparent meaning of the hadith is that it is forbidden, but some scholars say it is not forbidden because the seller in this case, if he wanted to cancel the sale, could not. Then, if we say that it is forbidden after the time of the option has ended, until when? As for the first one, which is their saying that he is unable to do so, it is true that he is unable to cancel it as long as the separation has occurred and the time of the option has ended, but there are two harms in it: The first harm is that this one who was outbid will have something in his heart against the one who outbid him, and he will be sad and hostile toward him. Second, he may try to cancel it by any means, meaning he will look for a way, perhaps he will find a defect in the item or perhaps he will find a hidden flaw in the buyer or something similar. The important thing is that if he knows that he was cheated, he may try to cancel the sale. Did you understand? Or did you not visualize it? Let us give an example: A man bought a car from a person for fifty thousand riyals, so a man came to the buyer and said to so-and-so, "I heard that you bought the such-and-such car for fifty thousand riyals. I will give you something better than it for forty-five thousand riyals." The sale is now completed, is it not? Was the sale completed? Yes, the man took the car and went off driving it, but perhaps if I said, "I will give you forty-five thousand, which is better than it," there will be two harms: The first harm is that he will have something in his heart against whom? Against the seller. Why is he taking five thousand extra from him? The second is that he will try to find a defect in the car, even from a distant angle, in order to return it. And this is undoubtedly the stronger position. This is the stronger position. But until when? We say until we know that the man's heart is at peace and the sale is complete and finished. Then we also say, even if the period is long, why do you offer it to him when the prices have not changed? Why do you offer him the car saying, "I will give you something better than this for such and such?" For less? So the correct view in any case is that it is not permissible to sell over the sale of a Muslim, whether that is during the time of the two options or after the option has ended. Yes.