LessonsProhibition: Intrinsic Wrongfulness, External Defects, and Legal EffectsQuiz

Al-bayʿ al-fāsid
A defective sale has a recognizable contractual basis but includes a prohibited condition or characteristic.

Al-bayʿ al-bāṭil
A null sale lacks the legally effective basis for transferring ownership. It cannot simply be treated as an otherwise sound bargain with an incidental flaw.

In the Hanafi distinction, a defective sale is not legally meaningless, but neither is it a permissible and fully sound sale. Some effects can arise after possession while the obligation to undo the defective transaction remains.

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Defective sale versus null sale

Prohibition: Intrinsic Wrongfulness, External Defects, and Legal Effects

Al-bayʿ al-fāsid
A defective sale has a recognizable contractual basis but includes a prohibited condition or characteristic.

Al-bayʿ al-bāṭil
A null sale lacks the legally effective basis for transferring ownership. It cannot simply be treated as an otherwise sound bargain with an incidental flaw.

In the Hanafi distinction, a defective sale is not legally meaningless, but neither is it a permissible and fully sound sale. Some effects can arise after possession while the obligation to undo the defective transaction remains.