a suspension of the contract. Thus, such a suspension is permitted, because rescission is broader in scope than the contract itself; for this reason, it may be made conditional, unlike the contract. It also serves the seller’s interest if he fears delay in payment, and it does not contravene the Sacred Law.
His statement, “I sell it to you if you bring me such-and-such, or if Zayd approves”: someone says, “Sell me this house,” and I reply, “I sell it to you if you bring me such-and-such in addition to the price.” In this case, it is not valid, because it is a conditional sale, whereas one of the conditions of a sale is that it be concluded definitively. Therefore, a conditional sale is invalid. The same applies if he says, “If Zayd approves,” for it is likewise invalid.
An example is where he says, “I sell you this car if my father approves,” and the other replies, “I accept.” The sale in this case is invalid, because it is a conditional sale, and a sale must be concluded definitively. What, then, should be done if the contract is made in this manner?
We say: if it is made in this manner, it should be repeated after Zayd gives his approval. Thus, once Zayd approves, we say: repeat the contract. But does anything result from this?
The answer is yes. If we were to deem the first contract valid, then any increase and earnings accruing between the contract and the approval would belong to the buyer. But if we say that a new contract is necessary, then the increase accruing between the contract and the approval belongs to the seller. Thus, there is a difference between the two.
The correct view is that a conditional sale is permissible, and there is no objection to saying, “I sell it to you if you bring me such-and-such.” However, he must set a maximum time limit, saying, for example, “If you bring me such-and-such within three days,” or two days, or ten days, so that the sale does not remain conditional indefinitely, for it may not be possible for him to bring it