Buying and Selling: Ruling on the Validity of Unofficial Sale Contracts and Mutual Intent

Practical Laws of Islam as per the teachings of Imam Khamenei

Buying and Selling: Ruling on the Validity of Unofficial Sale Contracts and Mutual Intent

English:

Question #1463:

Is preparing an unofficial sale contract sufficient for the materialisation of sale between the vendor and purchaser? And is the intention of both parties to carry out the contract sufficient to make the deal a reality and, therefore, does it bind the vendor to prepare the official sale document and transfer the goods to the purchaser?

Answer #1463:

Neither the mere intention to sell nor the preparation of an unofficial sale document is sufficient for the materialisation of the sale and transfer of the ownership of goods to the purchaser. Unless the deal is struck according to shar‘ī norms, the vendor is not obliged to prepare sale document in the name of the purchaser and transfer the goods to him.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Buying and Selling