Sale via computer without the other party to the contract: Is the option of rescission established in it?
Machine translationRead the Arabic original
The Shaykh : Yusuf?
The questioner : ... a situation where there is no ... selling via computer is, first, it means giving the stock for sale ... so the purchase is made via computer from another person he does not know, who has set the same price, so they agree, for example, this price with the offered price with the selling price of this stock, and the sale is completed without any knowledge.
The Shaykh : And how? Without knowledge? How and how?
The questioner : I mean, there is no contract session in this situation, I mean, for example, there is a stock sold via computer.
The Shaykh : A stock, I mean ..
The questioner : A stock from the stocks.
The Shaykh : Okay, good.
The questioner : So this stock enters the computer on the basis that the seller wants to sell it, for example, for one hundred riyals.
The Shaykh : Let it be Yusuf al-Mansur.
The questioner : Yes?
The Shaykh : Let it be you.
The questioner : Okay, let it be me and another person who is present ..
The Shaykh : I, I want to buy it from you.
The questioner : Yes, he is present in Qassim and I am present in Riyadh ... I enter your name in the computer, I ... I mean, this same stock for one hundred riyals.
The Shaykh : Without my knowledge?
The questioner : Without your knowledge, no, you know, you entered matters and they know ..
The Shaykh : I mean, for example, you said to the computer owner, put my name instead of Yusuf?
The questioner : No, you say I want to buy a stock from such-and-such company for the amount of one hundred riyals, and I happen to be ... that I want to sell it for one hundred riyals, so these two desires meet in the computer and it is completed immediately.
The Shaykh : And the computer knows about our desires?
The questioner : I mean, they call it programming, there are people sitting programming ... there are people sitting on screens, I mean ..
The Shaykh : Ah, well done, yes, I mean, there are people managing it.
The questioner : But here there is no contract session.
The Shaykh : Yes, and what do you say about this?
The questioner : Correct.
The Shaykh : The scholars mentioned this, they said if the two parties to the contract are handled, if the two parties to the contract are handled, when is the option? They say there is no option if the two parties to the contract are handled, because if we said he has the option, the sale would remain permissible, because he cannot leave by himself, for example, handling the two parties to the contract: I appointed you to buy for me "al-Rawd al-Mu'abbad" and I appointed another to sell it to him, and you said I bought "al-Rawd al-Mu'abbad" from so-and-so for so-and-so, so here the two parties to the contract were handled, and for this reason, in our commentary, the commentary is useful later, it said "Excluded from sale are writing and handling the two parties to the contract" but it appears that it is not excluded and that the two parties to the contract have the option, and the criterion is this man leaving the place where he approved the sale, I mean, for example, he himself, the agent, said I bought this book for so-and-so from so-and-so, then he stood up, walked, and left, so the sale became binding, and the computer is like that, the computer makes it like that. Yes?
The questioner : If he leaves the computer?
The Shaykh : Yes, that is right.
The questioner : I mean, the computer is ..
The Shaykh : No, no, if the one who approved leaves, the one who manages the computer, he is the one who approved the contract.
The questioner : Leaving from whom?
The Shaykh : If he leaves the place.
The questioner : Who left?
The Shaykh : This agent, because the one in charge of the computer is an agent for the seller and the buyer.
The questioner : If he leaves the place?
The Shaykh : His place.
And the standing prayer: O Muhammad, grant the intercession and the virtue, and send him the praiseworthy station which You promised him.
The sky was filled with clouds, so the north wind blew and dispersed them. How much your situation resembles this, the place was, praise be to Allah, full, but now.
The questioner : ... .
The Shaykh : Come on, let me start, Amer.
The questioner : In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and all his Companions. He (may Allah have mercy on him) said: "And if they deny it or drop it, it is dropped, and if one of them drops it, the option of the other remains. And if its duration passes, the second sale is binding. It is necessary to stipulate in the contract a known duration, even if long, and its beginning is from the contract. And if its duration passes or they cut it off, it is invalid. And it is established in sale and reconciliation with its meaning, and in lease in the debt or for a duration that does not follow the contract. And if they stipulated it for one of them without the other, it is valid".
The Shaykh : Yes.
The questioner : ... a situation where there is no ... selling via computer is, first, it means giving the stock for sale ... so the purchase is made via computer from another person he does not know, who has set the same price, so they agree, for example, this price with the offered price with the selling price of this stock, and the sale is completed without any knowledge.
The Shaykh : And how? Without knowledge? How and how?
The questioner : I mean, there is no contract session in this situation, I mean, for example, there is a stock sold via computer.
The Shaykh : A stock, I mean ..
The questioner : A stock from the stocks.
The Shaykh : Okay, good.
The questioner : So this stock enters the computer on the basis that the seller wants to sell it, for example, for one hundred riyals.
The Shaykh : Let it be Yusuf al-Mansur.
The questioner : Yes?
The Shaykh : Let it be you.
The questioner : Okay, let it be me and another person who is present ..
The Shaykh : I, I want to buy it from you.
The questioner : Yes, he is present in Qassim and I am present in Riyadh ... I enter your name in the computer, I ... I mean, this same stock for one hundred riyals.
The Shaykh : Without my knowledge?
The questioner : Without your knowledge, no, you know, you entered matters and they know ..
The Shaykh : I mean, for example, you said to the computer owner, put my name instead of Yusuf?
The questioner : No, you say I want to buy a stock from such-and-such company for the amount of one hundred riyals, and I happen to be ... that I want to sell it for one hundred riyals, so these two desires meet in the computer and it is completed immediately.
The Shaykh : And the computer knows about our desires?
The audience laughed
ضحك الحضورThe questioner : I mean, they call it programming, there are people sitting programming ... there are people sitting on screens, I mean ..
The Shaykh : Ah, well done, yes, I mean, there are people managing it.
The questioner : But here there is no contract session.
The Shaykh : Yes, and what do you say about this?
The questioner : Correct.
The Shaykh : The scholars mentioned this, they said if the two parties to the contract are handled, if the two parties to the contract are handled, when is the option? They say there is no option if the two parties to the contract are handled, because if we said he has the option, the sale would remain permissible, because he cannot leave by himself, for example, handling the two parties to the contract: I appointed you to buy for me "al-Rawd al-Mu'abbad" and I appointed another to sell it to him, and you said I bought "al-Rawd al-Mu'abbad" from so-and-so for so-and-so, so here the two parties to the contract were handled, and for this reason, in our commentary, the commentary is useful later, it said "Excluded from sale are writing and handling the two parties to the contract" but it appears that it is not excluded and that the two parties to the contract have the option, and the criterion is this man leaving the place where he approved the sale, I mean, for example, he himself, the agent, said I bought this book for so-and-so from so-and-so, then he stood up, walked, and left, so the sale became binding, and the computer is like that, the computer makes it like that. Yes?
The questioner : If he leaves the computer?
The Shaykh : Yes, that is right.
The questioner : I mean, the computer is ..
The Shaykh : No, no, if the one who approved leaves, the one who manages the computer, he is the one who approved the contract.
The questioner : Leaving from whom?
The Shaykh : If he leaves the place.
The questioner : Who left?
The Shaykh : This agent, because the one in charge of the computer is an agent for the seller and the buyer.
The questioner : If he leaves the place?
The Shaykh : His place.
And the standing prayer: O Muhammad, grant the intercession and the virtue, and send him the praiseworthy station which You promised him.
The sky was filled with clouds, so the north wind blew and dispersed them. How much your situation resembles this, the place was, praise be to Allah, full, but now.
The questioner : ... .
The Shaykh : Come on, let me start, Amer.
The questioner : In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and all his Companions. He (may Allah have mercy on him) said: "And if they deny it or drop it, it is dropped, and if one of them drops it, the option of the other remains. And if its duration passes, the second sale is binding. It is necessary to stipulate in the contract a known duration, even if long, and its beginning is from the contract. And if its duration passes or they cut it off, it is invalid. And it is established in sale and reconciliation with its meaning, and in lease in the debt or for a duration that does not follow the contract. And if they stipulated it for one of them without the other, it is valid".
The Shaykh : Yes.