What is the ruling on the sale contract if an invalid condition, such as pledging an unlawful, unknown, non-existent, or undeliverable item, or the item itself for its price, is stipulated?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 5 · Bab 1

Open in Qurani

Primary text

If a sale contract stipulates a void pledge, such as one that is unlawful (muharram), unknown, non-existent, undeliverable, or unspecified, or if it stipulates pledging the item itself for its price, there are two narrations regarding the invalidity of the entire sale contract. Abu Al-Khattab selected the invalidity of the sale contract in this instance, which aligns with the opinion of Abu Hanifa and one of the two positions attributed to Al-Shafi'i.