Al-bai‘ al-batil

Dictionary term

Definition of "Al-bai‘ al-batil"

An agreement of sale which is unlawful in respect of its substance and description. For example, an agreement of sale concluded by a lunatic or a minor is batil since it does not possess substance of the agreement, which is the proposal and acceptance by a sane or major person. Similarly, an agreement to sell a dead body or alcohol is not lawful since it involves exchange of mal for something valueless (ghair mutaqawwam). See also al-bai‘ al-fasid.

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