Explanation of the author's statement: "And I sold it to you on the condition that you pay me the price within three days, otherwise there is no sale between us; this is valid. And I sold it to you if you bring me such-and-such, or if Zayd is pleased; this is not valid."
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The Shaykh : Then the author said: "And I sold it to you on the condition that you pay me the price within three days, otherwise there is no sale between us; this is valid. And I sold it to you if you bring me such-and-such, or if Zayd is pleased; this is not valid". Pay attention. "I sold it to you on the condition that you pay me the price within three days" means on the condition that you give me the price before three days have passed, otherwise there is no sale between us. The condition is valid. The condition is valid. Why? Because the suspension here is a suspension of the rescission, not a suspension of the contract. Therefore, it is permissible. The suspension is permissible because rescissions are broader than contracts. For this reason, it is permissible to suspend them, unlike the contract. All right.
The second issue: "I sold it to you if you bring me such-and-such, or if Zayd is pleased; this is not valid". He said, "Sell me this house," and I said, "I sold it to you if you bring me such-and-such other than the price." Here, it is not valid because it is a suspended sale, and one of the conditions of a sale is that it be finalized. A suspended sale is not valid. Likewise, if he says, "If Zayd is pleased," it is not valid. For example, if he says, "I sold you this car if my father is pleased," and he says, "I bought it," the sale here is not valid because it is a suspended sale, and one of the conditions of a sale is that it be finalized. So, what do we do if the contract takes place in this form? We say that if it takes place in this form, it is repeated after Zayd's pleasure. It is repeated. If Zayd is pleased, he returns and says, "I am pleased," and we say, "Repeat the contract." But does this entail anything? Yes, it does. If we said the first contract was valid, to whom would the increase and profit between the contract and the pleasure belong?
The questioner : To the buyer.
The Shaykh : To the buyer. And if we say a new contract is necessary, the increase between the contract and the pleasure belongs to the seller. So, there is a difference between the two. The correct view is that a suspended sale is permissible, and there is no harm in saying, "I sold it to you if you bring me such-and-such." However, it is good to specify a maximum deadline, saying, "If you bring me such-and-such within three days, for example, or two days, or ten days," so that the sale does not remain suspended indefinitely. It may not be possible for him to bring it in one or two days, even though he thought he would be able to, but he is not able to. So, the correct view is that it is permissible with a condition. Brother? The one next to you, Yasser, on the right? Hmm? Is he present? Except for you, he said he is not present. All right, Yasser? If Allah wills, you will bring the book after today, yes?
The questioner : ... .
The Shaykh : Because if it remains suspended like this, "if you bring me such-and-such," it may not come to him until after a long period that they do not expect. So, if a deadline is specified, the correct view is that the sale is permissible because the conditions have been fulfilled and the obstacles have been removed. All right. "If my father is pleased"? The correct view is also that it is permissible. It is permissible, but it is also necessary to specify a period so that the buyer does not delay in that, causing harm to the seller. All right. On the view that this is valid, when does ownership transfer? Is it by the contract or by the existence of the condition? It is possible from two angles. The first angle is that it is by the contract, because he says, "If Zayd is pleased," meaning this contract is valid. It is also possible that if Zayd is pleased, the contract is completed. The more apparent of the first is that ownership is established by the first contract, because this is a complete contract, but its binding nature is suspended on a condition. So, when the condition occurs, the validity of the contract becomes clear. So, we say it is possible from two angles, and the most apparent of them is that ownership is established from the time of the contract.
The second issue: "I sold it to you if you bring me such-and-such, or if Zayd is pleased; this is not valid". He said, "Sell me this house," and I said, "I sold it to you if you bring me such-and-such other than the price." Here, it is not valid because it is a suspended sale, and one of the conditions of a sale is that it be finalized. A suspended sale is not valid. Likewise, if he says, "If Zayd is pleased," it is not valid. For example, if he says, "I sold you this car if my father is pleased," and he says, "I bought it," the sale here is not valid because it is a suspended sale, and one of the conditions of a sale is that it be finalized. So, what do we do if the contract takes place in this form? We say that if it takes place in this form, it is repeated after Zayd's pleasure. It is repeated. If Zayd is pleased, he returns and says, "I am pleased," and we say, "Repeat the contract." But does this entail anything? Yes, it does. If we said the first contract was valid, to whom would the increase and profit between the contract and the pleasure belong?
The questioner : To the buyer.
The Shaykh : To the buyer. And if we say a new contract is necessary, the increase between the contract and the pleasure belongs to the seller. So, there is a difference between the two. The correct view is that a suspended sale is permissible, and there is no harm in saying, "I sold it to you if you bring me such-and-such." However, it is good to specify a maximum deadline, saying, "If you bring me such-and-such within three days, for example, or two days, or ten days," so that the sale does not remain suspended indefinitely. It may not be possible for him to bring it in one or two days, even though he thought he would be able to, but he is not able to. So, the correct view is that it is permissible with a condition. Brother? The one next to you, Yasser, on the right? Hmm? Is he present? Except for you, he said he is not present. All right, Yasser? If Allah wills, you will bring the book after today, yes?
The questioner : ... .
The Shaykh : Because if it remains suspended like this, "if you bring me such-and-such," it may not come to him until after a long period that they do not expect. So, if a deadline is specified, the correct view is that the sale is permissible because the conditions have been fulfilled and the obstacles have been removed. All right. "If my father is pleased"? The correct view is also that it is permissible. It is permissible, but it is also necessary to specify a period so that the buyer does not delay in that, causing harm to the seller. All right. On the view that this is valid, when does ownership transfer? Is it by the contract or by the existence of the condition? It is possible from two angles. The first angle is that it is by the contract, because he says, "If Zayd is pleased," meaning this contract is valid. It is also possible that if Zayd is pleased, the contract is completed. The more apparent of the first is that ownership is established by the first contract, because this is a complete contract, but its binding nature is suspended on a condition. So, when the condition occurs, the validity of the contract becomes clear. So, we say it is possible from two angles, and the most apparent of them is that ownership is established from the time of the contract.