If the sale is completed and the assembly has dispersed, is there any harm in me requesting a rescission?
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The questioner : In the Shari'ah, there is an offer and acceptance, and after the assembly disperses, it becomes definitive.
The Shaykh : Yes.
The questioner : Correct?
The Shaykh : I cannot yet tell you if it is valid; I need to see what lies beyond.
The questioner : What lies beyond the veil.
The Shaykh : Because if I were to tell you it is valid, I would then have to say it is not valid.
The questioner : I bought it.
The Shaykh : I want to tell you it is not valid because you say offer and acceptance, but the offer and acceptance were for the sale.
The questioner : I bought it.
The Shaykh : And buying it is not a condition.
The questioner : What?
The Shaykh : It is not a condition.
The questioner : It is not a condition.
The Shaykh : Ah, it would become a sale by gesture.
The questioner : Yes.
The Shaykh : Okay, now.
The questioner : Okay, we bought it and the assembly dispersed, and we bought it, and I wanted to withdraw.
The Shaykh: All right.
The questioner : So I felt there was harm in asking the person to rescind the sale from me; there is harm in asking him to rescind it.
The Shaykh : No, there is no harm.
The questioner : There is no harm.
The Shaykh : No, and he has no harm in not rescinding it for you.
The questioner : Exactly.
The Shaykh : But he has a great reward for rescinding it for you, as we say in many matters, "Here is the ruling and here is piety." The ruling is that it is permissible for you to request rescission, and piety is not, because there is something of weakness, do you understand? As for the seller, the ruling is that he is not obligated to rescind it for you, but piety is to rescind it for you because there is a great reward, as he (peace and blessings be upon him) said:.
The Shaykh : Yes.
The questioner : Correct?
The Shaykh : I cannot yet tell you if it is valid; I need to see what lies beyond.
The questioner : What lies beyond the veil.
The Shaykh : Because if I were to tell you it is valid, I would then have to say it is not valid.
The questioner : I bought it.
The Shaykh : I want to tell you it is not valid because you say offer and acceptance, but the offer and acceptance were for the sale.
The questioner : I bought it.
The Shaykh : And buying it is not a condition.
The questioner : What?
The Shaykh : It is not a condition.
The questioner : It is not a condition.
The Shaykh : Ah, it would become a sale by gesture.
The questioner : Yes.
The Shaykh : Okay, now.
The questioner : Okay, we bought it and the assembly dispersed, and we bought it, and I wanted to withdraw.
The Shaykh: All right.
The questioner : So I felt there was harm in asking the person to rescind the sale from me; there is harm in asking him to rescind it.
The Shaykh : No, there is no harm.
The questioner : There is no harm.
The Shaykh : No, and he has no harm in not rescinding it for you.
The questioner : Exactly.
The Shaykh : But he has a great reward for rescinding it for you, as we say in many matters, "Here is the ruling and here is piety." The ruling is that it is permissible for you to request rescission, and piety is not, because there is something of weakness, do you understand? As for the seller, the ruling is that he is not obligated to rescind it for you, but piety is to rescind it for you because there is a great reward, as he (peace and blessings be upon him) said:
Whoever rescinds the slip of one who regrets, Allah will rescind his slip on the Day of Resurrection.
مَن أقال نادمًا عثرته أقال الله عثرته يوم القيامة
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.