The Ruling on the Sale of Gharar (Excessive Uncertainty in a Contract) and Its Forms
Machine translationRead the Arabic original
Question:
The questioner asks, Shaykh, about the sale of gharar (excessive uncertainty in a contract): what is its ruling and what are its forms?
Answer:
The ruling is that it is not permissible; one is prohibited from gharar (excessive uncertainty in a contract). Gharar is the opposite of clarity and advice. So if a man sells to his brother, let him be truthful and reveal the qualities in the item, and not conceal any defects in it. The Messenger (peace and blessings be upon him) said:Sunan Ibn Majah 2182Sahih (Darussalam) They separate, and if they are truthful and clear, their sale is blessed for them; and if they lie and conceal, the blessing of their sale is wiped out.
So the uncertainty arises from ignorance regarding the item sold and its qualities, such as the seller not informing the buyer, or likewise regarding the price, where the buyer is not informed of any defect in the price, through deception and trickery. Likewise, there is uncertainty regarding an unknown item, selling something whose sale is not known, selling an unknown item. It is a condition for the item sold that it be known; the item sold must be known and the price must be known, not unknown.
The presenter:
May Allah reward you with good.
The questioner asks, Shaykh, about the sale of gharar (excessive uncertainty in a contract): what is its ruling and what are its forms?
Answer:
The ruling is that it is not permissible; one is prohibited from gharar (excessive uncertainty in a contract). Gharar is the opposite of clarity and advice. So if a man sells to his brother, let him be truthful and reveal the qualities in the item, and not conceal any defects in it. The Messenger (peace and blessings be upon him) said:
The two parties to a transaction have the choice (of annulling it) so long as
البيعان بالخيار ما لمSo the uncertainty arises from ignorance regarding the item sold and its qualities, such as the seller not informing the buyer, or likewise regarding the price, where the buyer is not informed of any defect in the price, through deception and trickery. Likewise, there is uncertainty regarding an unknown item, selling something whose sale is not known, selling an unknown item. It is a condition for the item sold that it be known; the item sold must be known and the price must be known, not unknown.
The presenter:
May Allah reward you with good.
Source
نور على الدرب - الفوزان - 03/179 — archive.org (12:48)
The Arabic text is a machine transcription of the audio recording.