When a transaction by the seller (without prior consent) is deemed invalid but causes the sale to be rescinded, what is the effect of the seller subsequently repeating that transaction or making another transaction?
Chapter on the Option of the Two Parties in Sale
Al-Mughni
Book of Sales
Primary text
In every instance where we rule that the seller's transaction is not executed but nevertheless results in the annulment of the sale, if the seller repeats that specific transaction or makes any other transaction, it becomes valid. This is because by rescinding the sale, ownership reverts to the seller, validating their subsequent transaction, similar to when the sale is annulled using explicit language before the subsequent transaction.
Supporting text
Similarly, if the transaction that causes the annulment precedes the seller's subsequent transaction, the subsequent transaction is valid based on the preceding annulment.