The discussion regarding the actions of a non-agent.
Machine translationRead the Arabic original
The Shaykh : All right, a person bought something with his own specific money and intended it for another person, yes, with the specific money of the buyer and intended it for another person.
The questioner : ... .
The Shaykh : But is the sale valid or invalid?
The questioner : ... .
The Shaykh : No, it is not valid for the buyer himself, it is absolutely invalid. All right, where do you take this from the author's words? Otherwise, the evidence would have no proof, but we take it from the author's words.
The questioner : ... .
The Shaykh : From his statement: "And if he bought for him from his own debt", all right, so what is the condition for the validity of the non-agent's action, Khalid?
The questioner : ... .
The Shaykh : That he buys for him from his own debt and that he does not name him in the contract.
The questioner : ... .
The Shaykh : No, this approval is the condition of validity. That means its meaning is that the approved action of the non-agent is only with two conditions: that he buys for him from his own debt and that he does not name him in the contract. What is the stronger position in this issue?
The questioner : The stronger position is that if he bought ... .
The Shaykh : Bought or sold!
The questioner : Or sold.
The Shaykh : Yes.
The questioner : ... .
The Shaykh : That whenever he acted for him from his own debt, or with his specific money, or with anything, and he approved it, it is valid. All right. What is the evidence for this correct position? 'Abdullah?
The questioner : 'Urwah ibn al-Ja'd ... .
The Shaykh : To buy a sacrificial animal, so he bought two sheep, then he sold one of them for a dinar, so he came to the Prophet (peace and blessings be upon him) with a dinar and a ram, and he prayed for a blessing in his sale, so he never sold anything without profiting from it, even dirt. All right.
If Khalid does not approve, Muzayyin, if the one for whom it was bought does not approve, is the sale invalid or what?
The questioner : ... .
The Shaykh : The question is, is the sale invalid or not?
The questioner : It was said it is invalid.
The Shaykh : It was said it is invalid.
The questioner : And it was said it belongs to the one who bought it.
The Shaykh : And it was said I do not know.
The questioner : Yes, it belongs to the buyer, not to the one for whom it was bought.
The Shaykh : Yes, and it was said it is invalid?
The questioner : Yes.
The Shaykh : And who said it is invalid?
The questioner : I do not know.
The Shaykh : Perhaps it was not said. What do you say, everyone? Is there a position?
The questioner : ... .
The Shaykh : Yes? All right, so we say if the one for whom it was bought rejects it, then it is obligatory for the buyer to own it. All right, if the one for whom it was bought accepts it, does the sale become established from the acceptance, meaning from the approval, or what?
The questioner : ... .
The Shaykh : To whom does the ownership belong before that?
The questioner : ... the acceptance.
The Shaykh : From the acceptance, to whom does the ownership belong before that?
The questioner : Before that ... .
The Shaykh : To the buyer? Yes?
The questioner : So the sale is from the contract.
The Shaykh : The establishment of ownership is from the contract, and what is between the acceptance and the contract is suspended pending the approval. If it is approved, it is for the one for whom it was bought, and if it is not approved, it is for the buyer. Understood. Then the author (may Allah have mercy on him) said the condition.
... it is sufficient for a discussion ... .
The questioner : ... .
The Shaykh : But is the sale valid or invalid?
The questioner : ... .
The Shaykh : No, it is not valid for the buyer himself, it is absolutely invalid. All right, where do you take this from the author's words? Otherwise, the evidence would have no proof, but we take it from the author's words.
The questioner : ... .
The Shaykh : From his statement: "And if he bought for him from his own debt", all right, so what is the condition for the validity of the non-agent's action, Khalid?
The questioner : ... .
The Shaykh : That he buys for him from his own debt and that he does not name him in the contract.
The questioner : ... .
The Shaykh : No, this approval is the condition of validity. That means its meaning is that the approved action of the non-agent is only with two conditions: that he buys for him from his own debt and that he does not name him in the contract. What is the stronger position in this issue?
The questioner : The stronger position is that if he bought ... .
The Shaykh : Bought or sold!
The questioner : Or sold.
The Shaykh : Yes.
The questioner : ... .
The Shaykh : That whenever he acted for him from his own debt, or with his specific money, or with anything, and he approved it, it is valid. All right. What is the evidence for this correct position? 'Abdullah?
The questioner : 'Urwah ibn al-Ja'd ... .
The Shaykh : To buy a sacrificial animal, so he bought two sheep, then he sold one of them for a dinar, so he came to the Prophet (peace and blessings be upon him) with a dinar and a ram, and he prayed for a blessing in his sale, so he never sold anything without profiting from it, even dirt. All right.
If Khalid does not approve, Muzayyin, if the one for whom it was bought does not approve, is the sale invalid or what?
The questioner : ... .
The Shaykh : The question is, is the sale invalid or not?
The questioner : It was said it is invalid.
The Shaykh : It was said it is invalid.
The questioner : And it was said it belongs to the one who bought it.
The Shaykh : And it was said I do not know.
The questioner : Yes, it belongs to the buyer, not to the one for whom it was bought.
The Shaykh : Yes, and it was said it is invalid?
The questioner : Yes.
The Shaykh : And who said it is invalid?
The questioner : I do not know.
The Shaykh : Perhaps it was not said. What do you say, everyone? Is there a position?
The questioner : ... .
The Shaykh : Yes? All right, so we say if the one for whom it was bought rejects it, then it is obligatory for the buyer to own it. All right, if the one for whom it was bought accepts it, does the sale become established from the acceptance, meaning from the approval, or what?
The questioner : ... .
The Shaykh : To whom does the ownership belong before that?
The questioner : ... the acceptance.
The Shaykh : From the acceptance, to whom does the ownership belong before that?
The questioner : Before that ... .
The Shaykh : To the buyer? Yes?
The questioner : So the sale is from the contract.
The Shaykh : The establishment of ownership is from the contract, and what is between the acceptance and the contract is suspended pending the approval. If it is approved, it is for the one for whom it was bought, and if it is not approved, it is for the buyer. Understood. Then the author (may Allah have mercy on him) said the condition.
... it is sufficient for a discussion ... .
