Is the lack of explicit consent sufficient to categorize a situation as one where subsequent bidding is prohibited?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If evidence showing the seller's consent is present without explicit declaration, some scholars rule that subsequent bidding is not prohibited. This is argued because the default state is the permissibility of bidding, and only explicit acceptance should warrant prohibition based on the general prohibition. The analogy to the prohibition on proposal is also invoked, suggesting that anything permitted in proposal prohibition is permitted in bidding prohibition.
Supporting text
A strong counter-argument suggests that prohibition is indeed warranted in this case because the general prohibition stands unless an explicit exception is established by clear evidence. Furthermore, the evidence of implied consent is equivalent to explicit consent, rendering the distinction meaningless. The narration concerning Fatima bint Qays does not necessarily imply her consent, as she was seeking the Prophet's counsel, and the Prophet had forbidden her from making a decision before consulting him, meaning no action taken before his ruling was evidence of her consent.