Gharar, Mutual Consent, and the Right of Viewing in Sale
Written by: Imran Ayyub Lahori
Those who engage in an impermissible sale also have the right to cancel it, and whoever purchases something without seeing it has the right to choose after seeing it.
If the prohibition entails a corruption that renders the transaction void (as established in the principles of fiqh), then the sale will be treated as though it never existed. It will not be binding on either party, and cancellation with an option will be equivalent to a non-binding cancellation.
If the prohibition does not entail such corruption, then the sale will be valid if both parties are mutually agreeable and the Shar‘i objective (mutual consent) is achieved. If one or both parties are not satisfied due to its conflict with Shari‘ah, then the objective is nullified.
[al-Rawdah al-Nadiyyah: 2/254]
Abu Hurairah (رضي الله عنه) narrated that the Messenger of Allah ﷺ said:
"من اشترى ما لم يره فله الخيار إذا رآه"
"Whoever purchases something without seeing it has the option (to cancel) after seeing it."
[al-Daraqutni: 3/4, al-Bayhaqi: 5/268]
Note on authenticity: In its chain, there is ‘Umar ibn Ibrahim al-Kurdi, who is da‘if. Imam al-Dhahabi called him a liar (kadhdhab), and al-Khatib al-Baghdadi declared him unreliable.
References: al-Mughni: 2/462, Tarikh Baghdad: 11/202, Mizan al-I‘tidal: 3/179
Because of the weakness of this Hadith, it cannot be used as direct proof. However, such a sale undoubtedly involves gharar (uncertainty), and all Ahadith prohibiting gharar are applicable to this matter.
Abu Hurairah (رضي الله عنه) narrated:
"نهى عن بيع الغرر"
"He ﷺ forbade sales involving uncertainty (gharar)."
[Muslim: 1513, Kitab al-Buyu‘: Bab Butlan Bay‘ al-Hasah..., Abu Dawud: 3376, al-Tirmidhi: 1230, al-Nasa’i: 7/262, Ibn Majah: 2194, Ahmad: 2/376, Sharh al-Sunnah: 4/297]
Mutual consent is a condition for the validity of a sale. If the buyer is not satisfied after viewing the goods, the absence of this condition results in the cancellation of the sale.
Written by: Imran Ayyub Lahori
Invalid Sales and the Right to Cancellation
Those who engage in an impermissible sale also have the right to cancel it, and whoever purchases something without seeing it has the right to choose after seeing it.
If the prohibition entails a corruption that renders the transaction void (as established in the principles of fiqh), then the sale will be treated as though it never existed. It will not be binding on either party, and cancellation with an option will be equivalent to a non-binding cancellation.
If the prohibition does not entail such corruption, then the sale will be valid if both parties are mutually agreeable and the Shar‘i objective (mutual consent) is achieved. If one or both parties are not satisfied due to its conflict with Shari‘ah, then the objective is nullified.
[al-Rawdah al-Nadiyyah: 2/254]
Right to Cancel After Viewing
Abu Hurairah (رضي الله عنه) narrated that the Messenger of Allah ﷺ said:
"من اشترى ما لم يره فله الخيار إذا رآه"
"Whoever purchases something without seeing it has the option (to cancel) after seeing it."
[al-Daraqutni: 3/4, al-Bayhaqi: 5/268]
Note on authenticity: In its chain, there is ‘Umar ibn Ibrahim al-Kurdi, who is da‘if. Imam al-Dhahabi called him a liar (kadhdhab), and al-Khatib al-Baghdadi declared him unreliable.
References: al-Mughni: 2/462, Tarikh Baghdad: 11/202, Mizan al-I‘tidal: 3/179
Because of the weakness of this Hadith, it cannot be used as direct proof. However, such a sale undoubtedly involves gharar (uncertainty), and all Ahadith prohibiting gharar are applicable to this matter.
Prohibition of Gharar in Sales
Abu Hurairah (رضي الله عنه) narrated:
"نهى عن بيع الغرر"
"He ﷺ forbade sales involving uncertainty (gharar)."
[Muslim: 1513, Kitab al-Buyu‘: Bab Butlan Bay‘ al-Hasah..., Abu Dawud: 3376, al-Tirmidhi: 1230, al-Nasa’i: 7/262, Ibn Majah: 2194, Ahmad: 2/376, Sharh al-Sunnah: 4/297]
Mutual Consent as a Condition of a Valid Sale
Mutual consent is a condition for the validity of a sale. If the buyer is not satisfied after viewing the goods, the absence of this condition results in the cancellation of the sale.
