Qualifications of seller and buyer
2183. There are six conditions for the sellers and buyers:
I. They should be Baligh.
II. They should be sane.
III. Their control over properties should not
be ruled out by a judge.
IV. They should have a serious and genuine
intention to sell and purchase a commodity. Hence, if a person says
jokingly, that he has sold his property, that transaction is void.
V. They have not been forced to sell and buy.
VI. They should be the owners of the commodity, which they wish to sell, or give in exchange or, they should have a right on them, like positions of father grand father of a minor. Rules relating to these will be explained in the following.
2184. To conduct business with a child who is not Baligh even if his/her father or grand father gives permission, is void, except in things of small value, in which transactions are normally conducted with the children who can discern. If the child is a medium of payment to the seller, and carrying the commodity to the buyer, or giving the commodity to the buyer and carrying the money to the seller, the transaction is valid, even if the child may not be discerning (i.e. one who can distinguish between good and bad) because in reality, two adult persons have entered into the contract. But seller and buyer should be certain that the child takes goods or money to owners.
2185. If a person buys something from a child who is not Baligh, or sells something to him, he should return the money to its owner or take his permission. If he does not know him and there is no way for his identification, he must give whatever he has taken from child to a poor on behalf of its owner, as Radde Mazalim, and if the child owns it, then the property should be returned to his guardian and if he could not find him, then it must be given to a fully competent Mujtahid.
2186. If one concludes a transaction with a minor, and the commodity or its money is some-how list, be cannot ask the childs father or guardian for giving them.
2187. If a buyer or a seller is forced to conclude a transaction, and he concedes after the transaction is concluded and says: I agree the transaction is valid. However, the recommended precaution is that the formula of the transaction should be repeated.
2188. If a person sells the property of another person without his consent, and if the owner of the property is not agreeable to the sale, and does not grant permission, the transaction is void.
2189. The father or paternal of a child can sell the property of a child only if there is no harm for him and it is better that they dont sell it unless there is some expediency, but the executor of father and executor of paternal grandfather of a child and a fully competent Mujtahid can only sell the property of a child if it is necessary as an expediency.
2190. If a person usurps a property and sells it, and after that, the owner allows the transaction, it is valid, and as obligatory precaution, customer and the owner should make a compromise on property and its interests.
2191. 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 does not allow the transaction, the transaction is void and even if the owner gives permission to usurper, there is objection (Ishkal).