then the condition is void because he stipulated that he should not dispose of it other than by settlement. Is the sale itself void? This depends on the two narrations (22) regarding whether corrupt conditions in a sale invalidate it. If he says, 'Settle my right with me on the condition that I sell you such and such,' then the condition is void, but the settlement is valid because he has handed over (23) his due to him. If he says, 'Settle with me with something better from my wealth on the condition that I sell you such and such,' then both the settlement and the condition are void, and he must return what he took and demand his own property.

735 - Issue: He said: '(Iqalah [rescission] is not like that because it is a dissolution [faskh]. And according to Abu Abdullah [Ahmad ibn Hanbal], iqalah is a sale.)'

There is a difference of opinion in the narration regarding iqalah. According to one narration, it is a dissolution, which is the correct view and the choice of Abu Bakr, and it is the school of al-Shafi'i. The second [narration] is that it is a sale, which is the school of Malik, because the sold object returns to the seller in the same manner it left him; thus, since the first was a sale, the second is likewise. Also, because it is a transfer of ownership for compensation by mutual consent, it is a sale, like the first. It is reported from Abu Hanifah that it is [a dissolution regarding] (1) the rights of the two contracting parties, but a sale regarding the rights of others. [Thus, the rulings of a sale do not apply to them, rather it is permissible in salam and regarding the sold object before taking possession, while the ruling of a sale is established regarding the right of the shafi' (one with the right of pre-emption), such that it is permissible for him to take the share upon which they agreed to rescind via shuf'ah (pre-emption)] (2). Our position is that iqalah signifies دفع (pushing away) and إزالة (removal). It is said: 'Aqalaka Allahu 'athrataka' (May Allah remove your stumble). The Prophet (peace be upon him) said: 'Whoever rescinds (aqala) the sale of a person who regrets it, Allah will remove his stumble on the Day of Resurrection' (3). Ibn al-Mundhir said: 'Their consensus that the Messenger of Allah (peace be upon him) prohibited the sale of food before taking possession of it, along with their consensus'