Is the sale by touching valid if the goods are of equal value?

Question : If the clothes are of equal value, such that one does not differ from the other, is it permissible?

Answer : Yes, it is permissible. If someone says the hadith is general, we say that the Sunnah explains some of it by other parts of it. The hadith of Abu Hurayrah prohibiting the sale of gharar (excessive uncertainty in a contract) indicates, by its implication, that any sale without gharar is permissible. Thus, the prohibition of selling by touching is understood to apply to selling by touching that involves gharar, and there is no harm in this. If we were to keep every text in its generality, the rulings would contradict each other. Rather, the generality of the Sunnah is restricted by what restricts it.