The discussion regarding the categories of conditions in a sale.
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The Shaykh : Conditions in a sale are divided, yes, into valid and defective, and the defective is divided? Abbas?
The questioner : It is divided into two categories.
The Shaykh : Yes.
The questioner : Defective that invalidates the contract, and defective that does not invalidate it.
The Shaykh : Defective that invalidates and defective that does not invalidate, give an example of the valid one, Abdullah?
The questioner : Yes?
The Shaykh : An example of the valid one?
The questioner : An example of the valid one? If it is stipulated that the slave is a writer, or a eunuch, or a Muslim?
The Shaykh : Yes, the pledge? Stipulating a pledge?
The questioner : Stipulating a pledge?
The Shaykh : Yes.
The questioner : It appears he means ... .
The Shaykh : I ask, is it valid or not valid?
The questioner : Stipulating a pledge ... is from the valid.
The Shaykh : From the valid, what is its example?
The questioner : Its example is that Zayd buys something from Khalid, or yes, he buys from him, for example, he buys from him a commodity and says, meaning deferred, meaning it is ... deferred.
The Shaykh : Yes.
The questioner : He says, I sell to you, but I want you to pledge me something to be paid to me, for example, my right ... .
The Shaykh : Who is the one saying it?
The questioner : Yes?
The Shaykh : Who is the one saying it?
The questioner : The seller says it.
The Shaykh : The seller.
The questioner : It is not said by, yes, the one who will sell, yes.
The Shaykh : The one who will sell?
The questioner : The one who will sell the commodity is the one who says this statement.
The Shaykh : So, the pledge is in the interest of whom?
The questioner : It is in the interest of the seller.
The Shaykh : In the interest of the seller, okay, the slave being a writer, who stipulates that? The brother? Yes?
The questioner : The buyer stipulates it.
The Shaykh : So, it is in the interest of the buyer, okay, deferring the price?
The questioner : A valid condition.
The Shaykh : A valid condition, who stipulates it?
The questioner : Deferring the price is stipulated by the buyer, the buyer stipulated upon the seller the deferral of the price.
The Shaykh : So, it is in the interest of whom?
The questioner : It is in the interest of the buyer, and it may be in the interest of the seller.
The Shaykh : It is in the interest of the buyer, this is the original, yes, and it may be in the interest of the seller, but that is contrary to the original. If he does not fulfill the condition? Abbas? If he does not fulfill the condition, does the option remain for the one who has the condition?
The questioner : If it is not established?
The Shaykh : Yes, he stipulated that the slave be a writer, and it turned out that he does not write? Hmm? Does the buyer have the option?
The questioner : Yes.
The Shaykh : He has the option because his purpose was not fulfilled, okay, so when the one upon whom it was stipulated does not fulfill it, the option is for the one who has the condition. Then the author said, I think we stopped at this?
The questioner : ... .
The Shaykh : Okay, we are done with it.
The questioner : It is divided into two categories.
The Shaykh : Yes.
The questioner : Defective that invalidates the contract, and defective that does not invalidate it.
The Shaykh : Defective that invalidates and defective that does not invalidate, give an example of the valid one, Abdullah?
The questioner : Yes?
The Shaykh : An example of the valid one?
The questioner : An example of the valid one? If it is stipulated that the slave is a writer, or a eunuch, or a Muslim?
The Shaykh : Yes, the pledge? Stipulating a pledge?
The questioner : Stipulating a pledge?
The Shaykh : Yes.
The questioner : It appears he means ... .
The Shaykh : I ask, is it valid or not valid?
The questioner : Stipulating a pledge ... is from the valid.
The Shaykh : From the valid, what is its example?
The questioner : Its example is that Zayd buys something from Khalid, or yes, he buys from him, for example, he buys from him a commodity and says, meaning deferred, meaning it is ... deferred.
The Shaykh : Yes.
The questioner : He says, I sell to you, but I want you to pledge me something to be paid to me, for example, my right ... .
The Shaykh : Who is the one saying it?
The questioner : Yes?
The Shaykh : Who is the one saying it?
The questioner : The seller says it.
The Shaykh : The seller.
The questioner : It is not said by, yes, the one who will sell, yes.
The Shaykh : The one who will sell?
The questioner : The one who will sell the commodity is the one who says this statement.
The Shaykh : So, the pledge is in the interest of whom?
The questioner : It is in the interest of the seller.
The Shaykh : In the interest of the seller, okay, the slave being a writer, who stipulates that? The brother? Yes?
The questioner : The buyer stipulates it.
The Shaykh : So, it is in the interest of the buyer, okay, deferring the price?
The questioner : A valid condition.
The Shaykh : A valid condition, who stipulates it?
The questioner : Deferring the price is stipulated by the buyer, the buyer stipulated upon the seller the deferral of the price.
The Shaykh : So, it is in the interest of whom?
The questioner : It is in the interest of the buyer, and it may be in the interest of the seller.
The Shaykh : It is in the interest of the buyer, this is the original, yes, and it may be in the interest of the seller, but that is contrary to the original. If he does not fulfill the condition? Abbas? If he does not fulfill the condition, does the option remain for the one who has the condition?
The questioner : If it is not established?
The Shaykh : Yes, he stipulated that the slave be a writer, and it turned out that he does not write? Hmm? Does the buyer have the option?
The questioner : Yes.
The Shaykh : He has the option because his purpose was not fulfilled, okay, so when the one upon whom it was stipulated does not fulfill it, the option is for the one who has the condition. Then the author said, I think we stopped at this?
The questioner : ... .
The Shaykh : Okay, we are done with it.