2110. A transaction carried out with a non-b¡ligh child who acts independently in the transaction, is invalid with respect to his own wealth. If the transaction is carried out with his guardian, and the non-b¡ligh distinguishing child only articulates the formula for the transaction, it will be valid.
If however the commodity or the money belongs to someone else, and the child sells the commodity as a deputy of the owner, or buys something with his money, the transaction will be valid, even though the distinguishing child may act independently in utilizing it.
If the child is but a means for delivering the commodity and its payment to the parties involved in the transaction, there will be no problem in it, even if the child is not of distinguishing age. However, both the buyer and the seller should be certain or attain satisfaction that the child will deliver the commodity or the payment to its owner.

2111. If a person carries out a transaction with a child of distinguishing age, in cases where transactions involving such a child are not valid, and acquires commodities or money from him, then in the event that it is the property of the child himself, the person should return it to his guardian.
If however, it belongs to someone else, he should return it to its owner, or seek the owner’s consent. In the event that he does not know who the owner is, nor does he possess any means of identifying him, he should give the thing he acquired from the child to the poor on behalf of the owner with the intention of ma¤¡lim . Obligatory precaution dictates that he should seek the permission of the ¦¡kim al-shar’yy before doing so.

2112. If a person carries out a transaction with a child of distinguishing age, in cases where transactions involving such a child are not valid, and the money or the commodity that he gives to the child perishes, he may demand it from the child after he becomes b¡ligh. However, if the child is not of a distinguishing age, the person does not have the right to demand it from him.

2113. If a buyer or a seller is wrongfully compelled to carry out a transaction, but then willingly consents to it after the transaction, it will be valid. The recommended precaution however is that they should carry out the transaction again.

2114. If a person sells someone’s property without his permission, the transaction will not be sanctioned for as long as the owner does not consent to its sale and permit it.

2115. A father or paternal grandfather of a child, and similarly the person designated to execute the father’s or the paternal grandfather’s will, who has been designated to be the child’s caretaker, may sell the property belonging to the child. Obligatory precaution dictates that the transaction be to the benefit of the child. Similarly, a just mujtahid may also sell the property of an orphan in the absence of his father, paternal grandfather and their executors, given that the sale is to the benefit of the orphan. He may also sell the property of an insane person or a person who is missing whenever the circumstances necessitate it.

2116. If a person usurps a property and then sells it, and thereafter the owner of the property consents to the transaction, the transaction will be sanctioned. The usurped item that the usurper gave to the buyer, and all the acquired benefits from the time of the transaction, will be the property of the buyer. On the other hand, the item that the buyer gave, and all the benefits acquired from the time of the transaction will belong to the person whose property was usurped.

2117. If a person usurps an item and sells it, with the intention that the item acquired in return would become his property, then, should the owner of the usurped item consent to the transaction, it will be sanctioned. However, the item acquired in return will be the property of the owner and not the usurper.

Conditions Stipulated for the Commodity and Its Payment
2118. The commodity that is sold and the payment acquired in return must possess the following five conditions:
1. Its measure must be known either by weight, volume, count or any similar method of measurement.
2. The item should be deliverable. If the seller—for example—sells an item that he is unable to deliver, but the buyer is able to acquire it, it will suffice. Therefore, if--for example—someone sells a horse that has run away, and neither of the parties is able to capture it, the transaction will be void.
However, if he sells a runaway horse along with something of value that is deliverable, the transaction will be valid even if the horse is not located. The more precautious measure—in the case of things other than runaway slaves—is that the seller should sell a commodity of value, and stipulate within the transaction that should the runaway be located, it will be the property of the buyer.
3. The details of the commodity and the item acquired in return, which are responsible for the difference in its price, should be specified.
4. The ownership of the commodity should be unconditional. Hence, the sale of a property that has been dedicated (waqf) is not permissible, except in the cases which will be mentioned later.
5. The commodity itself should be sold and not its benefits. Hence, if someone, for example, sells one year’s worth of benefits acquired from a house, it will not be valid. However, there is no problem if the buyer offers the benefits to his property instead of money, such as the case wherein he buys a carpet from an individual and in return he gives him a year’s worth of benefits to his house.
The rulings pertaining to these conditions will be elaborated in subsequent articles.

2119. Precaution dictates that a commodity that is sold by weight or volume in a particular city, be bought by weight or volume in that city. However, he may buy the same commodity by mere observation in another city where it is sold by observation.

2120. A commodity that is transacted by weight, may also be transacted by volume, wherein—for example—a person who wishes to sell 10 kgs of wheat, may use a measuring cup that has the capacity for 1 kg of wheat, and measure 10 such cups.

2121. If even one of the conditions that were mentioned earlier is not present in a transaction, it will be void. However, if both owners consent to the use of their property by each other, then there is no objection to their use of each other’s property in ways which are not contingent on ownership.

2122. The transaction of a thing which has been endowed is not valid. However, if it has been damaged to an extent that it is no longer usable for the purpose that it was endowed for, or is close to reaching such a stage, such as the carpet of a mosque, that is damaged to an extent that one cannot pray on it, then there is no problem in selling it. Wherever possible, its replacement should be put to use in the same mosque in a manner that is most congruous to the aims of the endower.
The endowed property should be sold by its trustee, and any use of the property acquired in return should also be carried out by him. In the event that he is not available, it should be carried out with the permission of the ¦¡kim al-shari’yy.

2123. Whenever a dispute arises between the beneficiaries of an endowment, to a degree that if the endowment is not sold, one would fear for the loss of the endowment or the loss of a life, then it may be sold. In such a case, in return for what is sold, a thing should be bought, and in accordance with the former endowment, the profits acquired from it should be spent on the affairs specified by the endower. In the event that this is not possible, it should be spent on affairs which are most congruous to the aims of the endower.
The same will apply if the endower stipulates that if the general interest is upheld by selling it, that it be sold.

2124. There is no problem in selling or purchasing a property that has been rented out. However, the benefits of the property belong to the renter for the length of the rental period.
In this case, if the buyer was not aware that the property has been rented out, or under the impression that the rental period is short, before he chooses to buy it, he can cancel the transaction upon finding out.

The Formal Expression (¥ighah) of a Transaction
2125. In a transaction, it is not necessary to utter its formal expression in Arabic. Therefore, if a seller for example says in English, “I have sold this property in return for this item,” and the buyer responds by saying, “I have accepted,” the transaction will be in order. However, the buyer and the seller must both have the intention of forming the transaction, in the sense that by uttering the above sentences, they wish to carry out a transaction.

2126. If the formal expression is not used in a transaction, but both the buyer and seller have the intention of carrying out a transaction through the act of giving and receiving, the transaction will be valid and both will become owners (of the items exchanged).

The Sale and Purchase of Fruits
2127. The sale of a fruit that has shed its flower and developed into a seed is valid, even before it is plucked. Similarly, there is no problem in the sale of unripe grapes whilst they are still on the vine. However, dates should not be sold before they turn red or yellow.

2128. The sale of one year’s worth of fruits, before it becomes apparent, is not permissible without a supplement. However, the sale of two years’ worth of fruits, and similarly the sale of one year’s worth of fruits with a supplement, is permissible.
Once the fruit becomes apparent (on the trees), but before it sheds its flower and forms into a seed, the recommended precaution is that a produce of the earth, such as vegetables, or any other property, should be sold along with it, or that more than one year’s worth of fruits should be sold to the buyer.

2129. There is no problem in the sale of dates which have turned red or yellow while they are still on the tree. However, it is not permissible to exchange them for the dates of the same tree. Similarly, precaution dictates that it should not be exchanged for the dates of another tree either, be they specifically defined or abstractly.
However, if someone owns a date-palm in the house of another person, then in the event that he estimates its quantity, and sells it to the owner of the house in return for dates, there will be no objection to it.