[Lesson Two]

Copyright 2008 Faraz Rabbani.

It is necessary to know the item of sale (mabi`) in a way that lifts non-definition (jahala).
It is necessary to know the amount of the price (thaman) and its characteristic, if it is due. If
the price amount is mentioned without definition, it is considered to refer to the predominant
currency of that land.
It is permitted to sell items sold by volume or weight by either volume, weight, or without
measure.
If someone buys a pile of food, with each unit (qafiz) for one dirham, this is valid only for
one unit.
Whoever buys a collection of sheep, with each sheep for a dirham, this isn't valid even for
one sheep. Cloth is like sheep.
However, if one mentioned the total number of units or sheep or length, then it is valid for the
whole amount.
Whoever sells a property (dar), the keys and building is considered to be included [without
mention]. The same applies to trees in the sale of land.
It is permitted to sell fruits before they're ripe. They have to be cut immediately. If it is
contractually stipulated that they remain on the tree, that corrupts the sale.
It is not permitted to sell fruit and to exclude a specified amount from them.
It is permitted to sell wheat in its stalk and beans in their pods.
It is permitted to sell and gift a path--but not the water channel (maseel).
Whoever buys an item (sil`a) for a monetary price makes the payment first--unless the price
is deferred. If an exchange of items or money, they're exchanged at the same time.
Transferrable goods (al-manqul) cannot be sold before possession (qabd).
It is permitted to sell property (`aqar) before possession.
It is permitted to transact in the price (thaman) before possession.
It is permitted to increase the price or the items of sale--and likewise to reduce the price--and
these adjust the original contract.
It is valid to make an immediate sale and then to defer it.
[...]
It is valid to sell dogs, foxes, and predatory animals--whether trained or nor.

Non-Muslims (ahl al-dhimma) are like Muslims in trade matters. It is permitted for them to
sell wine and pigs.
The sale of a mute person is valid, and likewise other contracts, with understood signs.
The buying and selling of a blind person is valid--and they have the option to cancel upon
sighting. This option ends by feeling the item of sale, or smelling it, or tasting it--and in
property, after it is described to them.

Section: [Cancellations (Iqala)]

Cancellations are valid.
They are contingent on acceptance in the same majlis.
Cancellations are annulment (faskh) with respect to the two transacting parties, and akin to a
new sale with respect to third parties.
The destruction of the item of sale prevents the validity of cancellation. Partial destruction
prevents cancellation by the extent of destruction.
The destruction of the price doesn't prevent cancellation.

Section: [The Option of Cancellation (Khiyar al-Shart)]

The option of cancellation is permitted for either or both parties, for three days or less--but
not for more.
Whoever has the option to cancel cannot do so except in the presence of the other party,
though it is permitted to ratify [=drop the option] both in their presence and absence.
The option of cancellation isn't inherited.
If someone buys a slave on condition that they're a baker and it is otherwise, they have the
option to either accept them for the full price or to cancel the sale.
If the seller (ba'i`) has the option to cancel, then the item of sale doesn't go out of their
possession.
If the buyer (mushtari) has the option to cancel, then the item of sale goes out of the
possession of the seller but doesn't enter into the buyer's possession.
If the option to cancel is specified for a third party, this is permitted--and both they and the
transacting party has the option of cancelling. If either of them exercises the right to ratify the
contract, it is ratified; and if either of them cancels it, it is cancelled.
The option to cancel ends with the end of the specific time; and by everything that indicates
acceptance of the contract--such as riding, intercourse, freeing, and the like.