Continuation of the explanation of the author's statement: "And before him, separated from him in his sitting place, if they become occupied with what severs it, it is invalid"
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The Shaykh : ... He says, "I sold this to you for ten," and then the buyer remains silent to think, because a person, before something is sold to him, feels a desire for it. So if he says, "I sold it to you," he may hesitate, and this desire may disappear. The thing a person loves most is what is withheld from him. That is why you find that bird hunters, before they shoot a bird, have great compassion for that bird, but once they shoot it and it falls to the ground, it becomes worthless to them. This item is in the seller's hand. If he says, "Sell this thing to me for ten," and he says, "I sold it to you," yes. If he says, "Will you sell this to me for ten?" and he says, "Yes, I will sell it to you for a hair's breadth," here, if the acceptance is delayed, there is no harm. Fine. But if he is separated from him, there must be conditions: that he be in his sitting place and that he not become occupied with what severs it. That he be in the sitting place and not become occupied with what severs it. As for being in the sitting place, this is to avoid the case where he is not in the sitting place. If he says, "I sold this item to you for ten," and then they separate, and then he returns and says, "I accepted," this acceptance is not valid. Why? Because the sitting place changed. Likewise, if he becomes occupied with what severs it. He says, "I sold this car to you for thirty thousand." We vary it, it does not contradict. For thirty thousand, he says, "I passed by the college today and found so-and-so passed, and so-and-so... and so-and-so is pregnant, and so-and-so failed." Yes. And what do you say? "By Allah, I was saddened by this result." He says, "This result is not good," and then he says, "I accepted." Is it valid or not valid?
The questioner : It is not valid.
The Shaykh : Why? Because he became occupied with what severs it. So, for the validity of this contract, the seller must renew the offer so that the acceptance follows it. It is also required in the acceptance. Now we understand that it is required in the acceptance that it be after the offer, except for what is excluded. It is required that it be immediately after the offer, or separated from it, on the condition of what? That he be in the sitting place and not become occupied with what severs it.
The third condition is that the acceptance must match the offer. So if he says, "I sold you Ibn Aqil's commentary for ten," and he says, "I accepted al-Rawd al-Murba' for ten," is it valid?
The questioner : No, it is not valid.
The Shaykh : Why?
The questioner : It differed.
The Shaykh : It differed. Fine. He says, "I sold you Ibn Aqil's commentary for ten," and he says, "I accepted it for nine"?
The questioner : It is not valid.
The Shaykh : It is not valid. Why?
The questioner : Because of the lack of matching.
The Shaykh : Because of the lack of matching. Fine. If he says, "I accepted it for eleven"?
The questioner : It is valid.
The Shaykh : Pay attention... He says, "I sold you Ibn Aqil's commentary for ten," and he says, "I accepted it for eleven"?
The questioner : It is not valid.
Another questioner: It is valid.
The Shaykh : It is undoubtedly different, but is this in the interest of the seller?
The questioner : Yes.
The Shaykh : It is in his interest. So the seller says, "Fine, take the ten, and the rest is yours," if he does not want to bestow the increase as a favor. It appears that this is valid, and what is not valid is if the price is reduced from what the seller offered. Fine.
The third condition for the acceptance?
The questioner : Not clear?
The Shaykh : That it matches the offer in quantity, genus, and type, meaning in amount, genus, and type. As for the amount, we say that if it increased, he increased the good, and it is the custom that the seller does not reject the increase. This is the custom and the norm.
The audience laughed
ضحك الحضورThe questioner : It is not valid.
The Shaykh : Why? Because he became occupied with what severs it. So, for the validity of this contract, the seller must renew the offer so that the acceptance follows it. It is also required in the acceptance. Now we understand that it is required in the acceptance that it be after the offer, except for what is excluded. It is required that it be immediately after the offer, or separated from it, on the condition of what? That he be in the sitting place and not become occupied with what severs it.
The third condition is that the acceptance must match the offer. So if he says, "I sold you Ibn Aqil's commentary for ten," and he says, "I accepted al-Rawd al-Murba' for ten," is it valid?
The questioner : No, it is not valid.
The Shaykh : Why?
The questioner : It differed.
The Shaykh : It differed. Fine. He says, "I sold you Ibn Aqil's commentary for ten," and he says, "I accepted it for nine"?
The questioner : It is not valid.
The Shaykh : It is not valid. Why?
The questioner : Because of the lack of matching.
The Shaykh : Because of the lack of matching. Fine. If he says, "I accepted it for eleven"?
The questioner : It is valid.
The Shaykh : Pay attention... He says, "I sold you Ibn Aqil's commentary for ten," and he says, "I accepted it for eleven"?
The questioner : It is not valid.
Another questioner: It is valid.
The Shaykh : It is undoubtedly different, but is this in the interest of the seller?
The questioner : Yes.
The Shaykh : It is in his interest. So the seller says, "Fine, take the ten, and the rest is yours," if he does not want to bestow the increase as a favor. It appears that this is valid, and what is not valid is if the price is reduced from what the seller offered. Fine.
The third condition for the acceptance?
The questioner : Not clear?
The Shaykh : That it matches the offer in quantity, genus, and type, meaning in amount, genus, and type. As for the amount, we say that if it increased, he increased the good, and it is the custom that the seller does not reject the increase. This is the custom and the norm.