Can a verbal contract exist between 2? |
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alrasheeds
Starter Joined: 29 May 2005 Location: Bahrain Status: Offline Points: 3 |
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Posted: 29 May 2005 at 12:35pm |
As Salaam Alaikum jameean... I would like to learn what Islam Preaches about verbal contracts between 2 people??? I'll give an example (about Mr. X and Mr. Y) to make the situation clearer: "If Mr. X has an item that he wants to sell because he needs the money. Mr. Y hears about this and comes to an agreement with Mr. X about the price and delivery date. Mr. X informs Mr. Y that the delivery will be done after 1 day and he needs the money immediately to settle a commitment. Mr. X then informs the party he is commited to that he will make the payment after 1 day. The next day Mr. X goes with the item to Mr. Y and all he gets from Mr. Y is 'Sorry, but my friends convinced me not to buy this because I don't need it, therefore, I don't want to buy it from you' Finally, Mr. X informs Mr. Y that due to his actions and his false commitment, Mr. Y has caused Mr. X to lose over $500. This loss can be avoided if Mr. Y sticks to his verbal agreement that was confirmed (and re-confirmed) a day before.
Sorry to bother you with such a long example, but I would like to know what Islam preaches about such verbal agreements, because I feel that it is unjust to be the cause of someones loss by misleading them and falsely commiting to an agreement.
Thank you for your time and I hope that you provide me with valid resources that could shed light on this matter inshallah. As salaam alaikum. Alrasheeds |
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hifzmaster
Starter Joined: 02 June 2005 Status: Offline Points: 5 |
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salaams.
A verbal commitment is valid on the following conditions. 1, that the commitment is made and witnessed 2, if the witness isa woman, it should be 2 3,if there are no witnesses avalaible, then a pledge is made to Allah to fulfil that commitment. part of a commitment is to pay for the losses if the sellor cannot process the item, changing your mind is permitted, at a cost to the buyer, and or sellor |
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alrasheeds
Starter Joined: 29 May 2005 Location: Bahrain Status: Offline Points: 3 |
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Salaam aalaikum wa rahmat allah wa barakatoh... Thank you for your response. I also did a little research and came accross a verse in the Holy Quran: ���� �������� ��������� �������� ��������� ������������� �O you who believe fulfill your contracts...� (Al-Ma�idah: 1) Also, I got the following: The Prophet (peace and blessings be upon him) said: �Muslims are bound by their stipulations.� (Abu Dawud & Al-Hakim) By looking up the word "Stipulate" in the dictionary, I got the below meanings: - To specify or arrange in an agreement: stipulate a date of payment and a price. - To guarantee or promise (something) in an agreement. and Allah�s Messenger (peace and blessings be upon him) is reported to have said: �Muslims are bound by their conditions, unless it be a condition which turns a halal (lawful act) into haram (unlawful act) or a haram into a halal.� Thanks for your help :) Salaam aalaikum. Your brother, |
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