Conditions about the Parties

CR (58) The following are conditions required of the parties.

(a) The parties must be mature as regards age, thus, a transaction concluded by a child is not valid even though the child is able to discern right from wrong, if it is not by the permission of his guardian, in fact, even with his permission if the child is independent in handling the deal. However, if the transaction is by the permission of the guardian and the child is only his proxy to pronounce their terms, the validity will not be considered without a good ground and the same rule applies to the child's handling other properties, with owner's permission, even without permission from his guardian. (b) The parties must be of sound reason; thus, a transaction concluded by a mentally ill person is not valid, even though such a person may be intending to bring about a transaction. (c) The parties must have freedom in their concluding the contract, thus, a transaction concluded by a person who is forced to do so is not valid, if it is his choice of the lesser side of two harmful aspects i.e. opposing one who forces to enter the deal and concluding the transaction. However, if one is not forced but an oppressor orders one to sell a certain amount of his property and he does it, the transaction will be valid, or orders one to do something other than selling but it ends up in selling forcibly and he does it, the transaction will be valid, such as when one is ordered to pay some money and he sells his house to pay the money, his deal of selling will be valid.

CR (59) If an oppressor orders that either one Mr. 'A' or 'B' must sell his house, and only one of them sells his house, the transaction will not be valid, unless he knows that the other person has already sold his house because of the order.

CR (60) In the case of rule 59. if one party sells after the other person has done so, the second person's deal will be valid, but if both would sell at the same time both will not be valid.

CR (61) If one would be forced to sell his animal only and he sells his animal with its young, only the deal about the young will be valid but not that about the animal.

CR (62) In the effectiveness of a forcible case it is necessary that the person forced cannot even avoid the situation by a -tawriyah-, expressing a statement which is not true but he means thereby something else which is true, thus, if one sells his property when he could have avoided by such statement which he did not make, the deal will not be valid.