Heavenly Jewels

and it is as if it has not even come into existence. An insane person, or a child that absolutely does not comprehend anything making Ijaab and Qabool for a sale, Ba' ee of liquor, blood etc items that are not worthy for a sale are examples ofBa' ee -e-Baatil. Ba'ee-e-Faasid is that in which there is nothing defective in both the Rukn or Mabee for sale but in something besides them, e.g. Sharab was fixed to be the form of payment, a condition whose l .)mpletion is not included in Ba'ee was made or the condition is not permissible according to the Shariah etc. (Alamghiri) Rule- The Hukm of Ba 'ee-e-Baatil is that even if the buyer gains hold over the item, still too will it not be his property but the seller' s and the control over the item by the buyer wil l be like control over an Amaanat. Therefore, the buyer cannot use the item for any personal purpose and it is necessary that he returns it and takes back his cost. (Alamghiri) Rule- The Hukm ofBa'ee-e-Faasid is that the buyer is the owner ofthe Mabee after gaining hold of it if he did so with the permission of the seller. However this is Milk-e-Khabees (impure possession) as whatever is gained through this kind of Ba'ee is waajib to be returned and the buyer cannot bring it into his usage. Therefore, if it is food items or something to drink, then it is not Halaal to be eaten or drunk. Yes , i f he sells it then the cost will be h i s because he is the owner even though i t i s Milk-e-Khabees. It is waajib on both the buyer and seller to make Faskh of the Ba' ee-e-Faasid. In Ba'ee-e-Faasid, if the buyer did not make Qabza of the Mabee then his ownership will not be proven and rules ofownership for himwill not be implaced on it. (Durre-Mukhtaar) Rule- In Ba'ee-e-Faasid if the buyer made Qabza on the Mabee without the consent of the seller then this will not be Qabza, and his ownership will not be implaced on it. (Alamghiri) Rule- In Ba'ee-e-Faasid, after making Qabza, the buyer sold the item to another besides the seller or gave it as a gift to someone to make Qabza on it; in short if in any way the item leaves the property of the seller then that Ba'ee-e-Faasid will be implaced and Faskh cannot be made now. (Durre-Mukhtaar) 270