How a Fasid Sale Can Be Made Valid

Question

Zayd bought from Bakr one hundred vats of sugarcane juice; each vat is 15 maunds (a unit of weight, ≈ 37 kg). At the time of buying, Zayd set this condition with Bakr: “If you give less than a hundred vats of juice, I will take twenty-five rupees per vat; however many fall short of a hundred vats — even if one vat is short — I will collect at the rate of twenty-five.” Bakr accepted Zayd’s condition, but Bakr gave 90 vats of juice.

Answer

Buying and selling on this condition is prohibited; by it the sale becomes fasid. Zayd should not take these two hundred and fifty rupees from Bakr, so that the defective condition lapses and the sale becomes valid (sahih).

Source: Fatawa Mahmudiyya

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