about the difference between a condition in a sale and a condition for a sale?
Machine translationRead the Arabic original
The Shaykh : Allahu Akbar. We mentioned two differences, my brother.
The questioner : Yes, but in application.
The Shaykh : Even in application, if a man concluded a sale contract, yes, and stipulated in it, for example, regarding a car, and the seller stipulated that he would travel on it to Makkah and return, is this a condition in what? A condition of the contract or a condition in the contract?
The student: In the contract.
The Shaykh : Okay, but the buyer took it and refused, is the sale valid or invalid?
The student: Correct.
The Shaykh : It is valid, but the seller has the right to annul the sale because it was not fulfilled for him, and he has the right to let it proceed.
The questioner : ... This is the difference.
The Shaykh : No, this is a difference ...
The questioner : This is a difference in the contract because it is now invalid.
The Shaykh : No, it is not invalid. If we say it is invalid, it means it was not valid, and the goods must be returned to their owner, clear? Yes?
The questioner : ...
The Shaykh : Due to lineage or breastfeeding.
The questioner : This ... is the wife of a man and his son is ... from someone else.
The Shaykh : They said for the sake of lineage or breastfeeding, excluding affinity. This is what I refuted. They made an exception and said excluding affinity, and they brought it out.
The questioner : ...
The Shaykh : Yes, but why is it not valid? Because of affinity, because if this girl were a son, his father's wife would be forbidden to him, but by lineage or affinity.
The questioner : Affinity.
The Shaykh : And they said for the sake of lineage or breastfeeding, excluding affinity.
The questioner : Yes, but in application.
The Shaykh : Even in application, if a man concluded a sale contract, yes, and stipulated in it, for example, regarding a car, and the seller stipulated that he would travel on it to Makkah and return, is this a condition in what? A condition of the contract or a condition in the contract?
The student: In the contract.
The Shaykh : Okay, but the buyer took it and refused, is the sale valid or invalid?
The student: Correct.
The Shaykh : It is valid, but the seller has the right to annul the sale because it was not fulfilled for him, and he has the right to let it proceed.
The questioner : ... This is the difference.
The Shaykh : No, this is a difference ...
The questioner : This is a difference in the contract because it is now invalid.
The Shaykh : No, it is not invalid. If we say it is invalid, it means it was not valid, and the goods must be returned to their owner, clear? Yes?
The questioner : ...
The Shaykh : Due to lineage or breastfeeding.
The questioner : This ... is the wife of a man and his son is ... from someone else.
The Shaykh : They said for the sake of lineage or breastfeeding, excluding affinity. This is what I refuted. They made an exception and said excluding affinity, and they brought it out.
The questioner : ...
The Shaykh : Yes, but why is it not valid? Because of affinity, because if this girl were a son, his father's wife would be forbidden to him, but by lineage or affinity.
The questioner : Affinity.
The Shaykh : And they said for the sake of lineage or breastfeeding, excluding affinity.