Explanation of the author's statement: "And it is a condition that both parties consent"
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The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and his Companions, and upon those who follow them with excellence until the Day of Judgment.
When the author (may Allah have mercy on him) mentioned the definition of sale, he mentioned the conditions of sale. It would have been better to mention the ruling on sale first, because the definition necessitates conceptualization, the conceptualization of the thing, and after conceptualization comes the ruling. For this reason, it is a common saying among scholars that the ruling on a thing is a branch of its conceptualization. Ibn al-Qayyim said in "al-Nuniyyah": "Indeed, the rejection of a thing about which you have no knowledge leads to deprivation".
Sale is permissible, and it has been established for us that it is permissible by the Book, the Sunnah, and scholarly consensus, and what else? And by correct reasoning. However, it must have conditions. The wisdom of this Shari'ah is that it established conditions for acts of worship, conditions for transactions, and conditions for gifts, because these conditions are what regulate what is required in them; otherwise, the matter would become chaos. Conditions are among the necessities for the order of rulings. For this reason, sale has conditions, lease has conditions, endowment has conditions, pledge has conditions, and so on, until the rulings are regulated and the minds are regulated.
Sale has seven conditions. If someone asks, "What is the evidence for this limitation?" the answer is that scholars traced the matter and found that there must be conditions for the validity of sale, and they are seven. They may revolve, if Allah wills, around three matters: injustice, excessive uncertainty, and usury. But the details are as follows: the first is the consent of both parties, meaning the seller and the buyer. The consent of the seller and the buyer is a condition. The evidence for this is the saying of Allah (Blessed and Exalted is He):[An-Nisa 4:29] The meaning of "trade by mutual consent" is trade that originates from your mutual consent. This is from the Qur'an. And in the Sunnah, the Prophet (peace and blessings be upon him) said, as reported from him: Sunan Ibn Majah 2185Sahih (Darussalam) And reasoning also necessitates this, because if we did not make consent a condition, people would devour one another. Every person who desires a commodity from someone would go to him and say, "I bought it from you for such a price, by force upon you." This leads to chaos, disorder, enmity, and hatred. Therefore, the evidence for making consent a condition is from the Book, the Sunnah, and correct reasoning. So consent is necessary.
When the author (may Allah have mercy on him) mentioned the definition of sale, he mentioned the conditions of sale. It would have been better to mention the ruling on sale first, because the definition necessitates conceptualization, the conceptualization of the thing, and after conceptualization comes the ruling. For this reason, it is a common saying among scholars that the ruling on a thing is a branch of its conceptualization. Ibn al-Qayyim said in "al-Nuniyyah": "Indeed, the rejection of a thing about which you have no knowledge leads to deprivation".
Sale is permissible, and it has been established for us that it is permissible by the Book, the Sunnah, and scholarly consensus, and what else? And by correct reasoning. However, it must have conditions. The wisdom of this Shari'ah is that it established conditions for acts of worship, conditions for transactions, and conditions for gifts, because these conditions are what regulate what is required in them; otherwise, the matter would become chaos. Conditions are among the necessities for the order of rulings. For this reason, sale has conditions, lease has conditions, endowment has conditions, pledge has conditions, and so on, until the rulings are regulated and the minds are regulated.
Sale has seven conditions. If someone asks, "What is the evidence for this limitation?" the answer is that scholars traced the matter and found that there must be conditions for the validity of sale, and they are seven. They may revolve, if Allah wills, around three matters: injustice, excessive uncertainty, and usury. But the details are as follows: the first is the consent of both parties, meaning the seller and the buyer. The consent of the seller and the buyer is a condition. The evidence for this is the saying of Allah (Blessed and Exalted is He):