the marriage of a man who proposes after his brother has already proposed, without qualification, as well as a sale involving artificial bidding, with no right to annul it.
The correct understanding is that prohibition in such cases does not concern Allah’s rights, unlike marriage to women forbidden in marriage, marriage to a woman divorced three times, or transactions involving usury. Rather, it concerns a person’s rights. Thus, if the buyer knows that the owner of the goods is artificially bidding up their price and accepts this, the transaction is permissible. The same applies if he knows that someone else is doing so. Likewise, proposing to a woman already being courted is permissible whenever her first suitor gives permission.
Since the prohibition here concerns a person’s rights, the Lawgiver has not made the transaction valid and binding like a lawful transaction. Rather, He has upheld the wronged person’s right and granted him the choice: he may either ratify or annul it. Thus, the buyer in a sale involving artificial bidding may return the goods if he wishes, thereby achieving his purpose. Alternatively, he may accept them once he learns of the artificial bidding.
As for declaring the transaction invalid and requiring its reversal even if he accepts it, there is no basis for this. The same applies to returning defective goods, goods whose defects have been concealed, animals whose milk has been allowed to accumulate in their udders, and similar cases. Likewise, if the original suitor wishes to annul the marriage of the man who has wronged him and himself consents to marrying her, he may do so. If he wishes to ratify her marriage, he may do that instead. If he chooses to annul her marriage, matters return to their former state: she may marry him if she wishes, or decline if she wishes, since his purpose has been achieved by annulling the other suitor’s marriage.
If it is said, “He has turned the woman’s heart against me,” the reply is: “If you wish, we will punish him for this by preventing him from marrying that woman. This will be retribution for his wrong against you. Or, if you wish, you may forgive