The appraiser language: the thing sold at the price, it is said: I sold it for a price, so it is appraiser, i.e. the sale for a price (), the appraiser is the thing sold.
Technically: The Journal of Judicial Laws defines the appraiser as the thing that is sold at price (), and the price is what is in exchange for the sale and is related to the property ().
The appraiser or the thing sold is one of the components of the contract on which its existence depends, and these components are the offer and acceptance (formula), the seller and the buyer, and the price and the appraiser (contracted).
We will mention the conditions of the sale in this chapter, and the conditions of the price in the next chapter, God willing.
Briefly, the terms of sale are:
First: It should be possible for delivery at the time of the contract, and if the delivery is impermissible, the sale does not take place, even if the thing sold is owned by the contracting party, such as selling a stray beast, a bird in the air, a ship sinking at sea, or a stolen car.
Second: That it is customarily beneficial, and not prohibited by Sharia, and that which does not benefit is not money, so taking money in exchange for it is void.
It is not correct to sell insects, impurities, and taboos such as wine, pork, and things that are of no use at the moment or money.
Third: That the thing sold should be present, so the sale of the non-existent item does not take place before its existence, such as the rope of the habla (that is, what the female animal will be carried by), nor the sale of what has the danger of non-existence, such as milk in the udder, and pearls in the nacre.
Fourth: It should be known to the contracting parties, because ignorance of the thing sold leads to deception, and the Prophet - may God’s prayers and peace be upon him - forbade deception ().
It is possible to know the thing sold by seeing it accompanying it, or for some of it if it indicates the rest of it.
Fifthly: It should be Mutawakmat money, because the sale is the exchange of money for money, so a free sale does not take place because it is not money, and a handful of dirt, nor does the sale of money that is not Mutqawim such as wine and pork.
Sixth: It should be owned by the contracting party at the time of the contract. It is not valid to sell what a person does not own, and what is not under his possession and disposal, such as selling permissible fish and fish in the water, and woodland before the correct acquisition.
