Conditions for Sellers and Buyers

2089. There are six conditions to be fulfilled by the seller and the buyer:

First: They should be Baligh.

Second: They should be sane.

Third: They should not be feeble-minded, that is, they should not be squandering off their wealth.

Fourth: They should have an intention to sell and purchase. Hence, if a person says in jest that he has sold his property, that transaction is void.

Fifth: They have not been forced to sell or buy.

Sixth: They should be the rightful owners of the commodity, which they wish to sell, or give in exchange. Either they have the authority over it or they have the rights from the owner and the rules relating to these will be explained in the following rules.

2090. To conduct business with a child who is not a Baligh is void, even if his father or grandfather have given him the permission to do so. However, if the child who is not even discern (i.e. one who can distinguish between good and bad), acts as a medium of payment to the seller, and carrying the commodity to the purchaser or as a medium to delivering the product to the purchaser and carrying the payment to the seller, since two adults have performed the transaction hence this transaction is valid. However, the seller and the purchaser should be certain that the child would transfer the property to its respected owner. Provided, that the owner of the money or the product have given the permission to their counterpart to handover the respective item to the child so that he can deliver it.

2091. If a person buys something from a child who is not a Baligh or sells something to him, he should give the commodity or money back to his guardian or should obtain the owner's agreement. However, if the owner is not known to him and he does not have any means to identify him, he should give the thing taken from the child to a poor on behalf of its owner (This act is known as Radde Mazalim), and as a precaution he should seek the permission of the Mujtahid. Moreover, if the

commodity or the money belongs to the child himself, he should deliver it to his guardian or should seek the permission of the guardian, and if he is not being able to search the guardian, then he should give it to the Mujtahid.

2092. If a person concludes a transaction with a child, who is not a Baligh, and the commodity or the money given to the child has been lost, he cannot neither claim it from the child nor from his guardian.

2093. If a buyer or a seller is forced to conclude a transaction and after the transaction is concluded, he agrees to it and says, “I agree” the transaction is valid. However, as per recommended precaution, they should conclude the transaction again by saying the formula (of transaction).

2094. If a person sells the property of another person without his consent, and if the owner of the property does not agree on that sale, and does not grant permission, the transaction is void.

2095. The father or paternal grandfather of a child, can transact on behalf of the child if it is not harmful for him in anyway, similarly the executor of the father or paternal grandfather of the child, can sell the property of the child if the circumstances demand. A just Mujtahid can also sell the property of an insane person, or an orphan, or the one who has disappeared if they do not have a guardian.

2096. If a person usurped some property, and sells it. In addition, the owner of the property allows the transaction after the sale, the transaction is valid, and the thing, which the usurper sold to the buyer and the profits accrued from it, from the time of transaction, belongs to the buyer. Similarly, the thing given by the buyer, and the profits accrued from it, from the time of the transaction belongs to the person whose property was usurped. 

2097. If a person usurps some property and sells it with the intention that the sale proceeds should belong to him, and if the owner of the property disallows the transaction, the transaction is void. Moreover, if the owner allows it, the transaction is valid but the sale proceeds will belong to the owner.