The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

Issue No.1777- If a person buys something from a child who is not mature, or sells something to him, the transaction is void, and he should give the commodity or the money that he has taken from the child to its owner, not to the child himself. In case if he does not know the owner, and also has no means to identify him, he should give it, with the permission of the Mujtahid or his representative, to an indigent person. If it belongs to the child himself, he should give it to his legal guardian. Of course, he can take back the money or the commodity that he has given to the minor, but if it has perished, he cannot claim its substitute.

Issue No.1778- If the buyer or the seller is forced to conduct a transaction, and consents later, the transaction is valid. However, as a recommended precaution, the formula of the transaction should be re-pronounced.

Issue No.1779- If a person sells the property of another person without his consent, and later the owner of the property consents and assures permission, the transaction will be valid.

Issue No.1780- The father or paternal grandfather of a child have, as an obligatory precaution, the right to sell, buy and make use of the property of the child, provided that it is in the child's best interest. The same rule applies to the executor and the Mujtahid or his representative.

Issue No.1781- If a person usurps some property and sells it and later the owner of the property permits it for himself, the transaction is valid.

Issue No.1783- A commodity which is sold by observation, like a house, car and carpets of various kinds, cannot be sold without observation, and if they are sold without being seen, the transaction would not be in order.

Issue No.1784- If a commodity is sold in a city by weight or volume, while in another city, the same commodity is sold by calculation or seeing the item, one should act in each city according to the local custom.

Issue No.1785- If any of the conditions mentioned above is not fulfilled the transaction is void. However, there is no harm if the buyer and seller, [with invalidity of the transaction] both agree with confidence to make use of each other's property.

Issue No.1786- Transactions on endowed property are void. However, if it is spoiled to the extent that it cannot be used for the purpose which it was endowed for, like, if the carpet of a mosque is in a bad state that it is not possible to perform prayer on it, there is no objection in selling it. Similarly, old building materials which are no longer needed for reconstruction of the mosque, can be sold and the money acquired in this way should be spent in the same mosque for the same purpose. In case if this is not possible, it should be spent for a purpose which is nearest to the intention of the endower and if it is not needed for that mosque, it can be used in other mosques.

Issue No.1787- If in a private endowment, a serious strife crops up between the persons for whom endowment is made in a way that if the property is not sold there would be fear of mischief occurring or someone's life or property being endangered, in such cases, the property may be sold, and the sale profits should be spent for a purpose most similar to the intention of the person who made the endowment.

Issue No.1790- Writing and signing documents relating to a transaction whether in a notary office, or elsewhere, can replace the verbal formula (and would suffice for it) except for marriage and divorce in which verbal formula is necessary, as an obligatory precaution.

Issue No.1791- At the time of pronouncing the formula of the transaction, both parties involved should intend to establish a transaction. That is, by uttering the above mentioned words, they should seriously intend upon buying and selling. Similarly, in cases where practical trade replace the verbal formula, there should also be the intention of selling and buying. Both natural and legal persons can be owners and can be parties in the contract. Thus a charitable or a non-profit institute, which has a legal personality, does not make any difference from a natural personality in this regard.