Explanation of the author's statement: "And buying it on the basis of his purchase, as if he were to say to the one who sold a commodity for nine, 'I have it for ten.'"

The Shaykh : The form of the purchase is as if he were to say to the one who sold a commodity for nine, "I have it for ten." For example, Zayd sold a commodity to 'Amr for nine, then another person came and said to the seller, "Did you sell it to so-and-so for nine?" He said, "Yes." The other said, "I will give you ten, give it to me." What is this called? It is called buying on the basis of his purchase. It is not permissible, and you have known the evidence from the narrations and the theoretical reasoning, so it is not permissible. Now, the apparent meaning of the author's words is that this is forbidden, whether it occurs during the period of the options or after the period of the options has ended, do you understand? For example, during the period of the options, if we were in a gathering and Zayd sold a commodity to 'Amr for nine, and one of the attendees said, "I will give you ten" after the sale has become binding on him, then this sale on the basis of his sale has occurred, yes, it is a purchase on the basis of a purchase, this is buying on the basis of his purchase during the period of the options. And here, the seller is able to do what?

The questioner : Cancel the contract.

The Shaykh : Cancel the contract. And likewise, if it were during the period of the option by condition, where he sold a commodity for ten and gave himself the option for two days, and a person came on the second day and said, "I will give you eleven for it," it is not permissible. Why? Because in this case, he is able to cancel the sale and the contract with the second party. However, if there is no option, the scholars differed on this issue: is the sale and purchase permissible or not? I will give an example to clarify the ruling. Zayd sold a commodity to 'Amr for ten, and he received the price, and the other received the commodity, and they parted ways and everything was finished. Then a person came to the buyer and said, "I will give you one like it for nine, or one better than it for ten." What is this called?

The questioner : Selling on the basis of a sale.

The Shaykh : This is selling on the basis of a sale. Is it permissible or not? There is a disagreement among the scholars on this. Some said it is not permissible, and some said it is permissible. As for those who said it is permissible, they said that the option has ended and now neither of them can cancel the contract, so the existence of selling on the basis of his sale or buying on the basis of his purchase is like its non-existence, because if he wanted to cancel it, he would not be able to. The second opinion in the issue is that what is after the period of the options is like what is during the period of the options, meaning that it is forbidden even after the period of the options. They reasoned this first by the generality of the hadith This is general and does not contain any restriction. Second, because one might resort to a trick to cancel the contract by any means, such as claiming a defect or something similar that enables him to cancel it. Third, because it leads to enmity between the first seller and the buyer, because he will say, "What did he do? He cheated me," and there will be something in his heart against him. And this opinion is the stronger one, meaning that selling on the basis of his brother's sale is forbidden, whether it occurs during the period of the options or after that. But if it is after a long period, then there is no harm in it. That is, if this happened a week or a month or something similar ago, and he came and said, "I will give you a commodity like this for nine," and he had bought it for ten, then there is no harm here, because the attempt to return it in such a case is what? It is far-fetched, yes.