If two contracting parties disagree on a condition of the contract, what is the ruling?
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The questioner : If two contracting parties disagree on a condition of the contract, what is the ruling?
The Shaykh : Disagree on what?
The questioner : On the conditions of the contract. One says, "This is a condition," and the other says, "This is not included in the conditions."
The Shaykh : Did we mention this? No, no, regarding the validity of the contract. If the two contracting parties disagree, and one says the contract is valid and the other says the contract is not valid, that is what we mentioned. As for the conditions, the original state is their absence. That means, if they disagree on the existence or non-existence of a condition, the original state is that the condition does not exist. If they disagree on the validity of the condition—whether this condition is valid or not—after they have committed to it, the original state is its validity.
The Shaykh : Disagree on what?
The questioner : On the conditions of the contract. One says, "This is a condition," and the other says, "This is not included in the conditions."
The Shaykh : Did we mention this? No, no, regarding the validity of the contract. If the two contracting parties disagree, and one says the contract is valid and the other says the contract is not valid, that is what we mentioned. As for the conditions, the original state is their absence. That means, if they disagree on the existence or non-existence of a condition, the original state is that the condition does not exist. If they disagree on the validity of the condition—whether this condition is valid or not—after they have committed to it, the original state is its validity.