Definition of the sales contract

Definition of the sales contract



Contents

  • 1 Sale
  • 2 Definition of the sales contract
  • 3 corners of the sales contract
    • 3.1 Formula
    • 3.2 Buyers and seller
    • 3.3 The Precious and the Precious
  • 4 References

Sale

The sale contract is considered one of the financial contracts that the Muslim is indispensable and relates to his life affairs, so Islam guides the need for all Muslims to agree with regard to buying and selling , in order to avoid falling into the forbidden and in the present, and for the sale of types of contracts, some of which are forbidden and some of which is It is permissible, including what is hated, and the reason for the sanctity, hatred and permissibility is due to the terms and conditions that the contract is based on, and the other elements and other parts . This article will clarify the meaning of the contract of sale, and clarify some of its elements and conditions .

Definition of the sales contract

Selling in language: against buying , which is also buying, which is from opposites, and sold the thing: his purchase , and buying : buying . [1]

The meaning of the contract of sale is a convention: the scholars of the four schools of thought hold that the contract of sale has a set of definitions.
  • Ibn Qudamah al-Hanbali defined the sale as: exchanging money for money for ownership and possession. [2]
  • Ibn Arafah defined it from the Maliki jurists as: It is a contract of exchange for no benefit, no pleasure, and no pleasure. [3]
  • The Shafi'i jurists also defined it as: interviewing money with money in particular, and it was said that they had: a contract of financial compensation that benefits the possession of the eye or the benefit upon which the contract of sale took place as the property of perpetration, not on the face of kinship, so he went out by saying (netting) The gift and the like, because it is not a sale, and he went out by saying (financial) marriage and the like, as what is meant by marriage is superior to being a money exchange for money, and he went out by saying (owning the eye) the lease and what happened, as the lease does not belong to the property of benefits not the property of notables, as it is The lease also came out to be perpetrated, and he came out by saying, "No on the face of it," the loan and the gift, because If you want to pay them the absolute The contract of sale is intended exchange of goods which do not have access to pay or reward. [4]
  • The Hanbali jurists defined it as: exchanging money - even if there is an obligation - or an permissible benefit similar to one for life other than usury and loan.

Elements of the contract of sale

A contract of sale has a set of pillars that cannot be held except by it, and the jurists differed in the number of these pillars and their difference resulted from their difference in the pillars of the contracts in general, where the Hanafi believes that the contracts as a whole have only one pillar is the formula, and that the rest of the matters that the other jurists considered pillars are but These are conditions for the Hanafis, [5] and a statement of what the fuqaha 'went to in the pillars of the sales contract as follows:

Formula

The wording of the contract here means the expression expressing the will of the two contracting parties to complete the contract, and this will be indicated through affirmative and acceptance. As if to say: I sell you this good. [6]
The acceptance of it is what comes from the other knitter , expressing his will in the completion of the contract of sale is called viable, and further ex Palmthalin executable after saying that says to him positive: into an Item with such; and I accepted sold to you with such, and in the second example says: I accepted to buy from you with such. [7]

It is stipulated in the formula that it be in specific terms, and it is derived from the word "sale" or "king", if it is not in these terms, such as gift, gift, and making;
It is stipulated that they be accompanied by a financial value to deny the suspicion of the lack of will to sell, as it is stipulated that the separation between the affirmative and the acceptance does not last long. [7]

Note: Included under the formula is what the two contractuals knew to follow it without pronouncement, and this contract is called a contract of giving, for example, the buyer takes the commodity he wants to buy from the seller and then gives him the price, or says to him, give me the commodity, then give him its price, without a statement of their will or descriptions The commodity and its price, and that is what people have become acquainted with and tolerated in it, then it is permissible to sell at that time without stipulating a specific formula in order to reduce it to the people and for the custom to take place on that, and the conclusion is that most of the daily sales take place according to that form of selling, especially with regard to food, beverages, fruits, vegetables and clothing, where it is known For people to buy them without uttered formula or mention a positive and accepting them. [6]

Seller and buyer contract

The Akdan who are the buyer and seller have promised them publicly scholars of Maliki and Shafi'i and Hanbali pillars of the sale contract, may not sell without them, and violated the tap and they said they were from the terms of the sale contract, which was not considered the tap of the pillars is the formula, and the dispute in that purely formal, and scientists Whoever says that the two contracts are considered one corner, and some of them see that each contract is a corner in itself; the seller is one corner and the buyer is another corner, and the jurists stipulated in the contract conditions including: [6]
  • To be a rational adult: it is not permissible to sell a non-distinguished or foolish or insane boy and their like, in order to save their money from being lost, and to prevent traders from manipulating them for the light of their minds, and the Hanbali permitted the sale and purchase of the unmarked and foolish boy in a small amount of sales, to facilitate people Even without the permission of his guardian, but as for what was of great value, it is not permissible for them to dispose of it for sale or purchase, or even with the permission of their guardian. As for the privileged one, it is permissible to buy and sell at all in the easy and at the price with the permission of his guardian.
  • That the contract be chosen: it is not permissible to sell and purchase coercion, because this negates his will to buy or sell , which prevents the order of the effects of the contract on the sale from ownership and ownership.
  • The contractor must be insightful: he knows what the contract will be, whether it is a seller or a buyer, until ignorance of the commodity he intends to buy or sell is negated, and this can only be achieved by watching, and it is impossible for the blind person.

The price tagged and evaluated

The contracted contract is divided into two parts as well: the price that was sold accordingly; the prices that are legally considered are gold, silver, and trending money, and others may be a price that people have known, and the price is: the commodity that was agreed to be bought, and conditions are stipulated in which : [6]
  • If the contracted is clean, and this is valid for the price and the price, then it is not permissible to sell what was unclean or unclean, just as it is not correct for the price to be unclean, so if the contract was made in uncleanness like a pig, wine or others, then the contract is invalid.
  • The person who was entrusted with it must be beneficial from it: it is not permissible to sell something that is not beneficial to it, such as deadness, insects, etc.
  • The contractee should be known to the two contracts: each of the two contracts must know what the contract was for, the price of the price and the price, so the seller knows what he will take from the price of his commodity, and the buyer knows what he will buy with his description, knowing that ignorance is not sufficient for him, knowing his type, quantity, size, and all its details.
  • To be able to deliver it: it is not permissible to sell fish in water , nor to sell a fleeing horse, nor to sell a bird in the air.
  • To be owned by whomever the contract is signed for: It is not permissible for anyone to sell anything outside his possession, because it is not permissible to dispose of it.

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