• 🌟 Support the Mission of Spreading Authentic Islamic Knowledge 🌟

    Tohed.com is dedicated to sharing the pure teachings of Islam based on the Qur’an & Sunnah.

    📦 Your donation = Sadaqah Jariyah!

    “The most beloved of deeds to Allah are those that are most consistent, even if small.” – Bukhari

Permissibility of Sale with a Condition Against Deception

Authored by: Imran Ayub Lahori

✿ Permissibility of Sale with a Condition Against Deception​


Islam upholds the highest standards of fairness and transparency in commercial transactions. One such example is the permissibility of placing a pre-condition in a sale stating that no deception or fraud will be involved. This condition serves to protect individuals who may otherwise fall victim to unfair practices due to a lack of expertise or experience in trading.

✿ Hadith Reference:​


It is narrated from Hazrat Ibn Umar (رضي الله عنهما):


"أن رجلاً ذكر لرسول الله صلى الله عليه وسلم أنه يُخدع في البيوع، فقال له رسول الله صلى الله عليه وسلم: إذا بايعت فقل: لا خلابة"

“A man mentioned to the Messenger of Allah (صلى الله عليه وسلم) that he was often deceived in trade. The Prophet (صلى الله عليه وسلم) said: ‘When you make a transaction, say: There is no cheating (لَا خِلَابَةَ).’”
[Bukhari: 2117, 2407; Book of Sales: Chapter on What is Disliked of Deceit in Sales; Muslim: 1533; Ahmad: 2/44; Abu Dawud: 3500; Nasa’i: 7/252]



This hadith establishes that explicitly stating "no deception" in a sale is not only permissible but is encouraged for those who may be vulnerable to fraud.

✿ Commentary on Extended Narration:​


There is another narration in which it is mentioned that the Prophet (صلى الله عليه وسلم) granted the man a three-day option (khiyar) to cancel the transaction if he discovered any deception.

However, Hafiz al-Busiri (رحمه الله) classified this extended version as weak (da‘if):
[Misbah al-Zujajah: 2/226]

Hence, the sound and reliable narration is the one that includes the prophetic instruction to verbally declare the condition against deception.

✿ Summary:​

  • It is permissible and encouraged to place a condition like "no deception" (لا خِلَابَة) in a sale.
  • This provides protection to individuals susceptible to being misled.
  • It upholds the Shari‘ah principle of transparency and fairness in trade.
  • Any extension of the Hadith regarding a specific timeframe for cancellation due to deception is not considered authentic.

✿ Conclusion:​


Islam allows and supports adding a condition in sales contracts that explicitly states no deception will occur. This safeguard is beneficial for protecting the integrity of trade and ensuring both parties are treated fairly, especially those who may lack expertise. The Prophet Muhammad’s (صلى الله عليه وسلم) guidance on this matter remains a timeless principle for ethical commerce.
 
Back
Top