Explanation of the author's statement: "And before it, separated from it in his sitting, if they become occupied with what invalidates it, it is invalid"
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The Shaykh : He said "And before it" "Before it" means that it is also valid if the acceptance comes before the offer, but only in specific cases. These cases must be indicative of the contract. For example, if someone says, "Sell me this for ten," and the seller says, "I have sold it to you," the contract is concluded. Now, even though the acceptance or what indicates acceptance preceded the offer, we have established a rule that the contract is concluded by what indicates it. All right.
If he said, "Will you sell me this for such a price?" and he said, "I have sold it to you," is the contract concluded?
The questioner : Yes.
The Shaykh : No, he is asking a question. He is asking a question. "Will you sell me?" So if he says, "I have sold it to you," he says, "I accept." Therefore, with us, it is valid with the wording of a command or a simple past tense that is free from questioning and the like, because the meaning is achieved by it. All right. If he said, "I bought from you this for such a price," and he said, "I have sold it to you."
The questioner : ... .
The Shaykh : Yes?
The questioner : ... .
The Shaykh : Why? Because it indicates it. The acceptance now, even if it precedes, is indicative that the man accepted, so now the contract is concluded if the acceptance precedes the offer, on the condition that it is indicative of it, of the acceptance. But if it was not indicative, like a present tense used for questioning, "Will you sell me this?" or "Will you sell me this?" or the like, then this is not considered acceptance. Yes, acceptable.
He said "Separated from it in his sitting" "Separated" is a state of the acceptance, meaning that the acceptance is permissible immediately after the offer and permissible if it is separated from it. As for it being permissible immediately after the offer, the matter is clear: he said, "I have sold it to you for ten," and he said, "I accept." The acceptance here followed the offer, and there is no doubt in this. It is permissible for it to be separated, for it to be delayed from the offer. He says, "I have sold it to you for ten," then the buyer remains silent and thinks, because a person, before something is sold to him, finds a desire for it in himself. So if he says, "I have sold it to you," he may hesitate.
If he said, "Will you sell me this for such a price?" and he said, "I have sold it to you," is the contract concluded?
The questioner : Yes.
The Shaykh : No, he is asking a question. He is asking a question. "Will you sell me?" So if he says, "I have sold it to you," he says, "I accept." Therefore, with us, it is valid with the wording of a command or a simple past tense that is free from questioning and the like, because the meaning is achieved by it. All right. If he said, "I bought from you this for such a price," and he said, "I have sold it to you."
The questioner : ... .
The Shaykh : Yes?
The questioner : ... .
The Shaykh : Why? Because it indicates it. The acceptance now, even if it precedes, is indicative that the man accepted, so now the contract is concluded if the acceptance precedes the offer, on the condition that it is indicative of it, of the acceptance. But if it was not indicative, like a present tense used for questioning, "Will you sell me this?" or "Will you sell me this?" or the like, then this is not considered acceptance. Yes, acceptable.
He said "Separated from it in his sitting" "Separated" is a state of the acceptance, meaning that the acceptance is permissible immediately after the offer and permissible if it is separated from it. As for it being permissible immediately after the offer, the matter is clear: he said, "I have sold it to you for ten," and he said, "I accept." The acceptance here followed the offer, and there is no doubt in this. It is permissible for it to be separated, for it to be delayed from the offer. He says, "I have sold it to you for ten," then the buyer remains silent and thinks, because a person, before something is sold to him, finds a desire for it in himself. So if he says, "I have sold it to you," he may hesitate.