BENEFIT 3: The difference between:

a. Contract (عقد) b. Binding promise (وعد ملزِم) c. Non-binding promise (وعد غير ملزِم) The distinction lies in the binding nature of each. A contract imposes an obligation, while a promise does not. For example, if you enter into a contract with someone to sell a car or any other item and then part ways physically, the sale becomes binding. You are obligated and cannot withdraw from the contract; you are bound by it both religiously and legally. As for a promise, it is non-binding. If you tell someone, "I promise to buy a car from you," but later decide not to proceed, you are not legally obligated. In other words, if the matter reaches the courts, you are not compelled to fulfill the promise. However, are you religiously obligated because you made the promise? This is a matter of scholarly debate. Some scholars hold that a person is religiously bound, though not legally, and that failing to keep a promise incurs sin. However, legally, a promise is not binding. A promise, in essence, does not impose an obligation; it merely expresses an intent or desire to do something. For instance, if I promise to purchase an item from you but unforeseen circumstances prevent me from doing so, I am not bound by the promise. There is a clear distinction between a promise and a contract. However, a binding promise is equivalent to a contract. If a promise is made binding, it essentially becomes a contract. For this reason, if a promise is binding, it is treated as a contract. A non-binding promise, however, is a permissible means of handling certain transactions. For example, in the case of Murabaha (cost-plus financing) based on a request to purchase, which we discussed in a previous lesson: you tell a bank, institution, or an individual that you want them to purchase a specific car with particular specifications, and that if they do, you will purchase it from them. Here, your statement is a promise, not a contract. The bank or institution then purchases the car according to the specifications and sells it to you, entering into an actual contract only after they have taken ownership of the car. In this manner, the transaction is permissible, provided that the arrangement is based on a non-binding promise—a preliminary agreement that imposes no obligations on either party. There should be no commitments, such as down payments or similar arrangements. Once the bank, institution, or individual owns and possesses the car, they can sell it to you. However, if the arrangement were based on a binding promise or a contract, the bank or institution would effectively be selling what they do not own, which is prohibited in the Sharī‘ah. In contrast, if the agreement is based on a non-binding promise, allowing both parties the option to proceed or withdraw, the transaction is permissible. Source: https://t.me/madrasatuna/4355 #كتاب_البيوع