In this context, lack of immediate effectiveness should not automatically be treated as an irreversibly void sale. Where a judge can authorize a beneficial transaction, its status before and after approval differs.
An independently prohibited subject matter or a missing essential condition of sale is a different problem. Here the difficulty concerns the seller's authority to dispose of property. Keeping those issues apart prevents the mistaken assumption that judicial approval can cure every defect in a contract.
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Suspended sale versus intrinsically void sale
Kitab al-Hajr: Improvidence, Legal Restriction, and the Age of 25
In this context, lack of immediate effectiveness should not automatically be treated as an irreversibly void sale. Where a judge can authorize a beneficial transaction, its status before and after approval differs.
An independently prohibited subject matter or a missing essential condition of sale is a different problem. Here the difficulty concerns the seller's authority to dispose of property. Keeping those issues apart prevents the mistaken assumption that judicial approval can cure every defect in a contract.