Explanation of the author's statement: "And if he sold his slave and the slave of another without his permission, or a slave and a free person, or vinegar and wine in a single transaction, it is valid with respect to his slave and the vinegar according to its proportion, and the buyer has the option if he was unaware of the situation."
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The Shaykh : He said, "And if he sold his slave and the slave of another without his permission, or a slave and a free person, or vinegar and wine in a single transaction, it is valid with respect to his slave and the vinegar according to its proportion". This is a case where he sold two items, two distinct existing items, each standing on its own. He took the slave of another from his house and they went to the market with his own slave, and he called out to sell both of them together and sold them together. So the contract was concluded on what he owns the right to sell and what he does not own. We say it is valid with respect to his slave and not valid with respect to the slave of another. I think the difference between this and the previous case is clear. This case involves no mixing; every item is distinct. All right, what if he sold his car and the car of another?
The questioner : ... .
The Shaykh : It is valid with respect to his car and not valid with respect to the car of another. All right, or what if he sold a slave and a free person? The free person is not owned, so he sold his slave and a free person for one price, in a single transaction. It is valid with respect to his slave and not valid with respect to the free person, because a contract of sale is not valid with respect to a free person. All right, or what if he sold vinegar and wine? Vinegar?
The questioner : It is valid.
The Shaykh : The sale of vinegar is valid, but the sale of wine is not valid. So now he has two jars, one containing vinegar and the other containing wine, and he sold them both. It is valid with respect to the vinegar and not valid with respect to the wine. Understood? All right, what do we do now? How do we apportion the price? He says it is valid with respect to his slave and the vinegar according to its proportion. Regarding his slave and the slave of another, we say: if these two slaves were called out, how much is each worth? They say one is worth a thousand and the other is worth two thousand. How much do we give, or how much do we drop, if the slave of another is worth two thousand? How much do we drop from the price? Two-thirds. And if the slave of another is worth a thousand, we drop one-third. Regarding the free person, if he sold a slave and a free person, and they ask how do we appraise the free person? Is the free person sold? But it is estimated as if he were a slave. It is said: estimate that this free person is a slave along with the slave you sold. He says: I estimate that if the free person were a slave, he would be worth two thousand, and my slave is worth a thousand. How much do we drop from the price? Two-thirds. All right, regarding vinegar and wine, wine has no value in the Shari'ah, so what do we do? They say the wine is estimated as vinegar, meaning it is estimated as a drink that has not fermented. If it were vinegar, they say it is worth ten, and the vinegar with it is worth five. How much do we drop from the price? Two-thirds. Is that clear? So now we know how to separate the transaction in these three issues.
The author said, "And the buyer has the option if he was unaware of the situation". "The buyer has the option" means that in issues of separating the transaction, he has the option if he was unaware. If he knew, he has no option. For example, a man sold his slave and the slave of another to a man, and the man knows that this slave does not belong to him. The sale of the slave that does not belong to him is not valid. Does the buyer have the option? No, because he entered the transaction with full knowledge, so he has no option. Is that clear? So the buyer has the option if he was unaware of the situation, otherwise he has no option because he entered the transaction with full knowledge. We have now finished with the conditions, the conditions of sale. It has become clear that the conditions revolve around three things: injustice, riba, and gharar. Three things. I think al-Nafi'i is listening. They revolve around three things: injustice, second? Riba and gharar. So whoever sells what he does not own, this falls under the category of injustice. Whoever deals in riba, this falls under the category of riba. And whoever sells what is unknown, this falls under the category of gharar. Yes.
Allah is the Greatest, Allah is the Greatest.
No, from his statement, "And non-residential items are not sold" to the end of the...
The questioner : ... .
The Shaykh :"And non-residential items are not sold" to the end of the chapter.
The questioner : ... .
The Shaykh : Yes, up to where we stopped. This is a section that follows. Come on, Sharafi?
The questioner : ... .
The Shaykh : It is valid with respect to his car and not valid with respect to the car of another. All right, or what if he sold a slave and a free person? The free person is not owned, so he sold his slave and a free person for one price, in a single transaction. It is valid with respect to his slave and not valid with respect to the free person, because a contract of sale is not valid with respect to a free person. All right, or what if he sold vinegar and wine? Vinegar?
The questioner : It is valid.
The Shaykh : The sale of vinegar is valid, but the sale of wine is not valid. So now he has two jars, one containing vinegar and the other containing wine, and he sold them both. It is valid with respect to the vinegar and not valid with respect to the wine. Understood? All right, what do we do now? How do we apportion the price? He says it is valid with respect to his slave and the vinegar according to its proportion. Regarding his slave and the slave of another, we say: if these two slaves were called out, how much is each worth? They say one is worth a thousand and the other is worth two thousand. How much do we give, or how much do we drop, if the slave of another is worth two thousand? How much do we drop from the price? Two-thirds. And if the slave of another is worth a thousand, we drop one-third. Regarding the free person, if he sold a slave and a free person, and they ask how do we appraise the free person? Is the free person sold? But it is estimated as if he were a slave. It is said: estimate that this free person is a slave along with the slave you sold. He says: I estimate that if the free person were a slave, he would be worth two thousand, and my slave is worth a thousand. How much do we drop from the price? Two-thirds. All right, regarding vinegar and wine, wine has no value in the Shari'ah, so what do we do? They say the wine is estimated as vinegar, meaning it is estimated as a drink that has not fermented. If it were vinegar, they say it is worth ten, and the vinegar with it is worth five. How much do we drop from the price? Two-thirds. Is that clear? So now we know how to separate the transaction in these three issues.
The author said, "And the buyer has the option if he was unaware of the situation". "The buyer has the option" means that in issues of separating the transaction, he has the option if he was unaware. If he knew, he has no option. For example, a man sold his slave and the slave of another to a man, and the man knows that this slave does not belong to him. The sale of the slave that does not belong to him is not valid. Does the buyer have the option? No, because he entered the transaction with full knowledge, so he has no option. Is that clear? So the buyer has the option if he was unaware of the situation, otherwise he has no option because he entered the transaction with full knowledge. We have now finished with the conditions, the conditions of sale. It has become clear that the conditions revolve around three things: injustice, riba, and gharar. Three things. I think al-Nafi'i is listening. They revolve around three things: injustice, second? Riba and gharar. So whoever sells what he does not own, this falls under the category of injustice. Whoever deals in riba, this falls under the category of riba. And whoever sells what is unknown, this falls under the category of gharar. Yes.
Allah is the Greatest, Allah is the Greatest.
No, from his statement, "And non-residential items are not sold" to the end of the...
The questioner : ... .
The Shaykh :"And non-residential items are not sold" to the end of the chapter.
The questioner : ... .
The Shaykh : Yes, up to where we stopped. This is a section that follows. Come on, Sharafi?