regarding acceptance and offer in a sale.
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The questioner : ... .
The Shaykh : If it is delayed until after that. Yes.
The questioner : ... .
The Shaykh : What is it? When the offer is made, I say, "I sold this to you," and you say, "I accept," this is the contract. This contract, the acceptance occurred immediately with the contract. I sold you this item for ten, and you remained silent, then you said, "I accept." It is said that the state of the session is like the state of the contract. It is not connected to the offer now; if it were connected, the contract would be one, with its parts connected to each other.
The questioner : ... .
The Shaykh : How? Now, if I say, "I sold you this book for ten," and you say, "I accept," is this a contract or not? Fine, I sold this book for ten and you remained silent. Now, no contract has taken place. So if you mean that after a period of time you accepted, it is said that you accepted, not in the state of the contract, which is the offer, but you accepted in the state of the session. It is said that the state of the session is like the state of the contract. The apparent time has ended. Name it.
The questioner : In the name of Allah, and may peace and blessings be upon the Messenger of Allah. The author (may Allah have mercy on him) said in the Book of Sales: "If they become occupied with something that severs it, it is invalid. This is the verbal formula, and by mutual consent, which is the practical formula. It is required that there be mutual consent from both parties, so it is not valid from one who is coerced without right. And the contracting party must be one who is permitted to dispose of his property, so the disposal of a child or a spendthrift is not valid without the permission of his guardian.
And the item must be one whose benefit is permissible, without need, such as a mule, a donkey, silkworms and their seeds, an elephant, and beasts of prey that are suitable for hunting, except the dog, and insects, the mushaf, carrion, dirty saddles, and impure oils."
The Shaykh : That is sufficient.
The Shaykh : If it is delayed until after that. Yes.
The questioner : ... .
The Shaykh : What is it? When the offer is made, I say, "I sold this to you," and you say, "I accept," this is the contract. This contract, the acceptance occurred immediately with the contract. I sold you this item for ten, and you remained silent, then you said, "I accept." It is said that the state of the session is like the state of the contract. It is not connected to the offer now; if it were connected, the contract would be one, with its parts connected to each other.
The questioner : ... .
The Shaykh : How? Now, if I say, "I sold you this book for ten," and you say, "I accept," is this a contract or not? Fine, I sold this book for ten and you remained silent. Now, no contract has taken place. So if you mean that after a period of time you accepted, it is said that you accepted, not in the state of the contract, which is the offer, but you accepted in the state of the session. It is said that the state of the session is like the state of the contract. The apparent time has ended. Name it.
The questioner : In the name of Allah, and may peace and blessings be upon the Messenger of Allah. The author (may Allah have mercy on him) said in the Book of Sales: "If they become occupied with something that severs it, it is invalid. This is the verbal formula, and by mutual consent, which is the practical formula. It is required that there be mutual consent from both parties, so it is not valid from one who is coerced without right. And the contracting party must be one who is permitted to dispose of his property, so the disposal of a child or a spendthrift is not valid without the permission of his guardian.
And the item must be one whose benefit is permissible, without need, such as a mule, a donkey, silkworms and their seeds, an elephant, and beasts of prey that are suitable for hunting, except the dog, and insects, the mushaf, carrion, dirty saddles, and impure oils."
The Shaykh : That is sufficient.