Stipulations and the Choice to Dissolve a Business Deal

“I once heard abu ‘Abd Allah (a.s.), saying, ‘If one forms a stipulation against the book of Allah, it is not permissible for him as well for the other party. However, the Muslims must stand by their stipulations which agree with the book of Allah, most Majestic, most Glorious. 5 ”

“Abu ‘Abd Allah (a.s.), has said, ‘A stipulation, the right and choice to return a merchandise, in the case of an animal is applicable only up to three days in favor of the buyer, regardless he has formed any stipulation or not. If the buyer Ahdatha (does something to the animal) before the passing of three days, it is his agreement and acceptance of what he has purchased and it is the end of stipulation . 5 Someone asked, ‘What is Ahdatha ?’ He (the Imam) replied, ‘It means such as his touching, kissing or looking to what is not lawful for him to look at before buying . 555

“This is concerning my question before abu ‘Abd Allah (a.s.), about a man who buys an animal or a slave and sets condition good for one or two days; then the slave or animal dies or Ahdatha (does something to it). Who then is responsible for this ? 5 He (the Imam) replied, ‘It is on the seller until the time of stipulation of three days expires. Thereafter it belongs to the buyer . 555

“I once heard abu Ja‘far (a.s.). saying, ‘The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, “The buyer and the seller each has the choice to dismiss a contract before they depart each other. In a deal for animals it is for three days . 55 5 I then asked, ‘What happens if a man buys something from another man and leaves it with the seller to keep until his return with the purchase price ? 5 He (the Imam) said, ‘If he returns within three days the contract is valid, otherwise, there is no deal . 555

“Abu ‘Abd Allah (a.s.), has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, ‘Both buyer and seller, each one of them, has the choice to dismiss a deal before they depart each other; and in a deal for an animal the choice to return the merchandise remains for three days . 555

“This is concerning my question before abu ‘Abd Allah (a.s.), ‘What is a stipulation in a deal for animals ? 5 He (the Imam) replied, ‘It is valid for three days in favor of a buyer . 5 I then asked, ‘What is it in a deal for non-animal ? 5 He (the Imam) replied, ‘A buyer and a seller have the choice to dismiss a deal until they depart each other. After their departing each other there is no choice after their agreement.’”

“Abu ‘ Abd Allah (a.s.), has said, ‘If a man buys something from another man, he has the choice to dismiss the deal before they depart each other. When they depart the deal becomes binding.’ He (the narrator) has said, ‘Abu ‘Abd Allah (a.s.), then said, ‘My father once purchased a piece of land called “al-‘Arid”. He purchased it for a few dinars and said to the seller. “I will give you a leaf (silver) for every dinar ten dirhams.” He purchased it and moved. I followed him and asked, “O father, why did you move so quickly?” He (the Imam) replied, “I wanted the transaction to become binding.’””

“I heard abu Ja‘far (a.s.), saying, ‘I once purchased something from someone; then I got up and walked a few steps, then returned to the meeting place so that the deal becomes binding.’”

“This is concerning my question before abu ‘Abd Allah (a.s.), about a man who purchases a slave-girl from another man with a stipulation for one or two days and she dies with him and the price is paid. Who is responsible?’ He (the Imam) replied, ‘There is no responsibility on the buyer until the time of stipulation expires.’”

“One who had heard from abu ‘Abd Allah (a.s.), informed me saying, ‘A man asked the Imam (a.s.), when I was present. A Muslim man needed to sell his house and he went to his brother and said. “I want to sell this house to you because I like it to be with you instead of being with others, with one condition that if within a year I come back with money to pay you, return it back to me.’” He replied, ‘I agree. If you come back with payment within a year I will give it back to you.’ I further said, ‘This house had a certain amount of income. Who then can have the income?’ He (the Imam) replied, ‘Income belongs to the buyer; were it (the house) to burn down it would come from his property.’”

“I once asked abu Ja‘far (a.s.), about the case of a man who purchases something from a man and leaves it with him saying, ‘I will come back with payment.’ He (the Imam) said, ‘If he comes back with payment within three days the transaction is valid, otherwise, it is not valid.’”

“This is concerning my question before abu ‘ Abd Allah (a.s.), about the case of a man who purchases something from a man and makes a binding deal and then leaving the merchandise with him without taking possession saying, Tomorrow, by the will of Allah, I will come back.’ Someone steals the merchandise. Whose property is it considered? He (the Imam) replied It is the property of the seller until the buyer takes possession and it is taken away from the seller’s house. When this happens the buyer is responsible until he returns it back to the seller.’”

“Abu ‘Abd Allah (a.s.), has said, ‘Abu ‘Abd Allah (a.s.), has said, ‘In the case of slaves the deal becomes binding after three days. If slaves may have certain defects such as mental condition, leprosy and so on. It becomes binding after one year if the defect is insanity. After one year the choice does not remain of any effect.’”

“I once said to abu ‘Abd Allah (a.s.), ‘We meet people who live in tents far from cities and others. We sell to them certain things and make profit like ten, twelve or thirteen and for a payment after a year and so on. The buyer writes for us to leave his house or land if he did not come with payment. He has taken possession and purchase is finalized. We then wait. If he came with payment within the set time his things are returned to him and if he did not come within the set time with payment we take his things. What do you say about it?’ He (the Imam) said, ‘I say that if he did not come with payment within the set time his things become yours but if he comes within the set time you must return his things to him.’”

“About the case of a man who buys something which is perishable the same day and leaves it with the seller to bring payment, abu ‘Abd Allah, or abu al-Hassan (a.s.), has said, ‘If he brings payment from that time until night falls the transaction is valid, otherwise, he has no deal.’”

“I once purchased a carriage and paid a certain amount of the price, then left it with the seller. I remained engaged for several days then went to the seller to take possession. He said, ‘I have sold it.’ I laughed and said, ‘By Allah, I will not allow you to do this without asking for a judgment.’ He said, ‘Will you agree to go for judgment before abu Bakr ibn ‘Ayyash?’ I replied, ‘Yes, I agree.’ We went to him and told him about our stories. Abu Bakr asked, ‘On the basis of whose words you want me to decide?’ He (the narrator) has said that I asked him to decide on the basis of the words of my companion (Imam).’ He said, ‘I heard him (Imam) say, “If one brings payment within three days the deal is valid, otherwise, there is no deal in his favor.’”

“Abu ‘Abd Allah (a.s.), has said that ’Amir al-Mu’minin (a.s.), once issued the following judgment: A man had purchased a dress with a stipulation to pay until midday. The buyer was offered profit and he wanted to sell. He (the Imam) said, ‘He must present testimony to prove that the seller agreed and the deal was binding, then he can sell it if he so wants. If he displays it in the market without selling, it makes the transaction binding.’”