What is the legal consequence if a sale is concluded in violation of the prohibition against buying upon another's purchase?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If someone violates this prohibition and finalizes the contract, the resulting sale is null and void (*batil*) because it is a prohibited act, and prohibition necessitates nullification. This is the general established ruling.
Supporting text
There is a differing view suggesting the sale may be considered valid (*sahih*). Proponents of this view argue that the forbidden act is the mere offering of the commodity or the statement that caused the revocation of the first sale, which precedes the actual second sale. Furthermore, if the preceding revocation, which caused the harm, is deemed valid, then the subsequent sale, which results in a benefit, should be more readily accepted as valid. They also argue that since the prohibition concerns a right belonging to an individual (a human right), it resembles the ruling on *najsh* (overbidding), which is prohibited but does not nullify the contract. This latter view is attributed to the school of Shafi'i.