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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Difference Between Gharar and Jahalah

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Question:
The questioner: May Allah reward you, Shaykh. No, rather, please explain to us the actions of gharar (excessive uncertainty in a contract) and ignorance, and is there a difference between them?

Answer:
Yes, there is a difference between them. Gharar is deceiving a person. You tell him, "This item is sound and of good quality," when in reality it is not sound and not of good quality. This is gharar. You deceived him with these words. As for ignorance, it is not knowing the thing. You sell something that is not known and he does not know it; it is an unknown thing, such as selling the fetus in the womb, the milk in the udder, or the fruit of the tree if the tree has borne fruit. This is unknown; it is not known what its outcome will be, nor its type, nor its quality, nor its badness.
Yes, so gharar is when there is an existing thing, but what is in it is not made clear. As for ignorance, it is in a non-existent thing. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 8 من 89|شرح العدة في شرح العمدة|البيوع|فصل في حكم بيع الملامسة والمنابذة|صالح الفوزان|الفقه — youtube.com (25:08)

The Arabic text is a machine transcription of the audio recording.

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