What is the ruling on subsequent bidding when the seller shows no indication of acceptance or rejection of the first offer?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
Subsequent bidding or increasing the offer is not permissible when the seller has neither indicated acceptance nor rejection of the initial offer. This ruling is derived by analogy with the prohibition against proposing marriage to a woman already engaged to one's brother. The Prophet commanded Fatima bint Qays to marry Usamah after both Mu'awiyah and Abu Jahl proposed to her, establishing parity between the prohibition on bidding upon a bid and proposing upon a proposal.
Supporting text
The view of Al-Qadi is that subsequent bidding is not prohibited in this ambiguous case, citing Ahmad's position regarding proposals. The justification is that the default ruling is permissibility for bidding and proposal; thus, only cases involving explicit acceptance should be prohibited, leaving others under the original ruling of permissibility. It is also argued that the evidence of acceptance, though not explicit, should equate to explicit acceptance.