The discussion regarding conditions in sales.
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The Shaykh : We are discussing in yesterday’s lesson, the previous lesson, the conditions in sales and the conditions of sales; are there differences between them?
The questioner : That the conditions of sales are established by the Lawgiver, and the conditions in sales are established by the contracting parties.
The Shaykh : Well done. That the conditions of sales are established by the Lawgiver means He is the One who said, “It is required that such and such and such,” and the conditions in sales are established by the contracting parties or one of them. What is the second difference, O ‘Abd?
The questioner : The second difference... the conditions in sales determine the validity of the sale.
The Shaykh : That the conditions in sales.
The questioner : That the conditions of sales determine the validity of the sale, and the conditions in sales determine... from the conditions...
The Shaykh : Without its validity, meaning it is valid, but it is not binding except by fulfilling them. Is this two differences? Yes? Yes, indeed?
The questioner : That the conditions of sales cannot be waived.
The Shaykh : The conditions of sales cannot be waived. And the conditions in sales can be waived. Who has the right to waive the conditions of sales? The one to whom the condition belongs. May Allah reward you. The fourth?
The questioner : That the conditions of sales are all... and the conditions of sales are all valid...
The Shaykh : Recognized.
The questioner : And the conditions in sales are not valid.
The Shaykh : Some are valid and some are defective. All right, may Allah reward you. Shall we take a new lesson now?
The questioner : Yes.
The questioner : That the conditions of sales are established by the Lawgiver, and the conditions in sales are established by the contracting parties.
The Shaykh : Well done. That the conditions of sales are established by the Lawgiver means He is the One who said, “It is required that such and such and such,” and the conditions in sales are established by the contracting parties or one of them. What is the second difference, O ‘Abd?
The questioner : The second difference... the conditions in sales determine the validity of the sale.
The Shaykh : That the conditions in sales.
The questioner : That the conditions of sales determine the validity of the sale, and the conditions in sales determine... from the conditions...
The Shaykh : Without its validity, meaning it is valid, but it is not binding except by fulfilling them. Is this two differences? Yes? Yes, indeed?
The questioner : That the conditions of sales cannot be waived.
The Shaykh : The conditions of sales cannot be waived. And the conditions in sales can be waived. Who has the right to waive the conditions of sales? The one to whom the condition belongs. May Allah reward you. The fourth?
The questioner : That the conditions of sales are all... and the conditions of sales are all valid...
The Shaykh : Recognized.
The questioner : And the conditions in sales are not valid.
The Shaykh : Some are valid and some are defective. All right, may Allah reward you. Shall we take a new lesson now?
The questioner : Yes.