النظم البين في الفقه المتعين 18 البيع

Peace be upon you, and God’s mercy and blessings.

So persevere in it at dawn and in the early morning; it is best to give it attention, for it is the path of the eminent predecessors.

Do not heed, my son, the rumors; follow the ways of the predecessors.

Listen to what al-Khatib related in his Jami‘ from Imam al-Sayrafi: “What someone has tried to gather in a chest is not knowledge. Knowledge is only what the heart contains.” Ibn Abi al-Hadid said this at the beginning of his eloquent poem, so learn it.

Furthermore, knowledge, if not firmly retained through memorization, is of no benefit. And whoever

makes a mistake—many of us memorize al-Rahbi’s words in his refined, delightful poem, where he says: “He is a diligent memorizer; memorize, for every memorizer is a leader.”

All right, we are still discussing the clear poem. We have reached the section on sales. The poet says: “A chapter on the conditions for valid sales.”

Knowledge of the price and the item sold; the contracting party must own it and be legally entitled to act; the contract must be binding, with the ability to deliver and no prohibition affecting the subject of the contract.

A chapter on the conditions for a valid sale

There is no doubt that a person cannot avoid

buying or selling, and it is difficult for a person

to live in this life without buying

or selling. Therefore, learning the conditions that make a sale valid is something most people need.

So what are the conditions for a valid sale? The first condition is knowing the price.

He said, “What?” A chapter—a chapter on the conditions for a valid sale.

Let’s adjust the directions. This is a chapter on the conditions for a valid sale.

One—this is one: knowing the price. The first condition for a valid sale is knowing the price; the second is

knowing what is being sold. What does knowing the price mean? If someone says, “So-and-so,”

“I’ll sell you this car”—“For what?” “What’s the price?” “The money”

that’s in my pocket.

“All right, we don’t know how much.” He says, “Fine, the deal is done; we’ll see later.” We say, “That is not valid.” Why? Because the price is unknown, and a condition for a valid sale is

what? Knowing the price. A sale is valid only if the price is known. The second condition is knowing what is being sold.

If he says, “I’ll sell you the phone in my pocket,” we don’t know what kind of phone is in your pocket.

But if you buy it and say, “We’ll see later,” the sale is invalid, because knowing what is being sold

A condition for the validity of what? For validity.

A condition for a valid sale.

The item being sold—the commodity. The third condition is that the contracting party owns it.

The seller must own the item, so a person cannot validly sell something they do not own.

You’re selling your brother’s things, selling your friend’s things.

That is not valid; you must own what the contract is for.

The fourth condition for a valid sale is that the contracting party be legally competent to dispose of property.

Who is legally competent to act?

A person legally competent to act is one who possesses the following qualities: free and of sound character.

Legally accountable means an adult of sound mind—an adult, rational, and prudent person, not a spendthrift.

A slave’s transactions are invalid because he is not free or legally competent.

This excludes the insane and minors. Their transactions, sales, and purchases are invalid, except in certain cases you’ll study in more detailed texts. Likewise, they must be prudent.

A foolish person’s transactions are invalid. A foolish person is someone who does not manage their wealth well; they spend it, I mean,

foolishly, in financial matters.

He is someone who spends his money on forbidden things.