…the two parties are unaware of the exact day on which it will occur, the sale is invalid.
Equally impermissible is to defer a sale until harvest time, threshing, grape-picking, or the pilgrims’ return. If, however, they mutually agree to waive the deferment before people have begun harvesting and threshing, or before the pilgrims arrive, the sale becomes valid.
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Should the buyer, at the seller’s instruction, take possession of the item in an invalid sale in which each of the two counter-values constitutes property, he acquires ownership of the item and must pay its market value. Either party may thereafter rescind the deal, yet if the buyer resells the item, his sale is effective.
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Whoever combines in a single sale a free person and a slave, or a slaughtered sheep and a carcass, invalidates the sale with respect to both items. If, on the other hand, he combines a slave and a mudabbar, or his own slave with someone else’s slave, the contract is valid for the slave in proportion to his share of the price.
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The Messenger of Allah ﷺ forbade najsh (fraudulent overbidding), bidding over another’s bid, intercepting incoming merchandise, the city-dweller’s selling on behalf of the desert-dweller, and buying or selling after the call to Friday prayer has been proclaimed. All of these practices are reprehensible, yet they do not in themselves invalidate the contract.
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Whoever owns two minor slaves who are maḥram relatives must not separate them; the same ruling applies when one is an adult and the other a minor. If he does separate them, the act is disliked though the sale remains valid. If both are adults, there is no objection to separating them.