Dear brother,
After greetings,
Answer to the First Question
A promise to purchase goods from a merchant who does not yet own them is not binding and is not considered a contract of sale or purchase. This is only possible after the commodity is in the merchant's possession; at that point, the person may choose to buy it or not. Therefore, the goods purchased by the merchant belong to the merchant, and he cannot compel the one who promised to buy them to complete the purchase.
If the man who promised to buy the goods but then did not wish to purchase them decides to pay the merchant some money out of goodwill (tatyiban li nafsihi) because he broke his promise, it is permissible for him to do so. However, it is not mandatory for him as a fine (gharamah).
The goods are the property of the merchant, as we stated. If the merchant sells them and makes a profit, whether large or small, the person who promised to buy them but did not has no right to claim any part of the profit from the merchant. The goods were not his; they belonged to the merchant.
If the merchant wishes to give the person who promised to buy but did not buy some money—considering that had he not promised, the merchant would not have bought the goods, and it was he who prompted the purchase which led to the profit—then the merchant is permitted to do so. However, this is not mandatory; rather, it would be considered a gift (hibah), a present, or something similar.
Summary:
The goods belong to the merchant, and he cannot compel the other party to buy them. A promise to buy goods from a merchant who does not possess them is not considered binding and is not a contract. This is because selling what one does not own is void (batil) according to the Hadith on this matter.
If the merchant sells the goods and makes a profit, large or small, the profit belongs to him. The person who promised to buy the goods has no right to demand any part of the profit, as the goods were the valid private property of the merchant.
If the merchant or the other man wishes to give money to each other as a gift or a present, it is permissible.
Answer to the Second Question
A woman does not possess the right of divorce unless it was stipulated in the marriage contract (nikah) that the husband placed the authority ('ismah) in his wife's hand—meaning he granted her the right to divorce herself from him. In this case, if she says to him, "I have divorced myself from you," it counts as one divorce (talqah). However, if the marriage contract does not explicitly state that the husband granted his wife the right to divorce herself from him, and if this was not explicitly agreed upon in the contract, then her divorcing herself from him has no value and does not count.
Accept my greetings.
19/02/2004 CE