The Sale of the Unknown
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Fatwa No. ( 19301 ):
Q: I have a modest grocery store, and I sent someone to buy goods for me
from one of the large stores, consisting of food and juices. Among them came a carton containing twelve boxes—small to medium-sized cartons—labeled “Try Your Luck.” Inside each box are candies and children’s toys, such as a car, an airplane, a fan, and a train; they are all children’s toys, and they are varied, with the contents of each box differing from the others among the toys mentioned. One day, a neighbor came and said to the worker: “This is haram; it is not permissible to buy or sell it, because the carton containing the candies and toys is wrapped, and one cannot see what is inside.” Knowing that this form is in effect in stores, all markets, and commercial establishments, and is issued by companies that must be under supervision, when I heard his words, I stopped buying these toys so that I could inquire about them from your eminence, to safeguard my religion. If dealing with this type is haram, please inform us; and if it is permissible, please inform us so that I may deal with this type of candy and toys, so that I may benefit and the benefit may spread.
A: This type of goods, the wrapped carton that is sold without knowing what types of goods are inside, such as children’s toys and others, is a sale of the unknown that lacks the condition of knowledge of the sold item by sight or description; therefore, it is not permissible to deal with this type of goods that lacks knowledge of the sold item by sight or description; because it is among the sales of gharar (excessive uncertainty) from which one is prohibited; due to the hadith of Abu Hurayrah
(may Allah be pleased with him),Mishkat al-Masabih 2863 , narrated by Muslim .
Q: I have a modest grocery store, and I sent someone to buy goods for me
from one of the large stores, consisting of food and juices. Among them came a carton containing twelve boxes—small to medium-sized cartons—labeled “Try Your Luck.” Inside each box are candies and children’s toys, such as a car, an airplane, a fan, and a train; they are all children’s toys, and they are varied, with the contents of each box differing from the others among the toys mentioned. One day, a neighbor came and said to the worker: “This is haram; it is not permissible to buy or sell it, because the carton containing the candies and toys is wrapped, and one cannot see what is inside.” Knowing that this form is in effect in stores, all markets, and commercial establishments, and is issued by companies that must be under supervision, when I heard his words, I stopped buying these toys so that I could inquire about them from your eminence, to safeguard my religion. If dealing with this type is haram, please inform us; and if it is permissible, please inform us so that I may deal with this type of candy and toys, so that I may benefit and the benefit may spread.
A: This type of goods, the wrapped carton that is sold without knowing what types of goods are inside, such as children’s toys and others, is a sale of the unknown that lacks the condition of knowledge of the sold item by sight or description; therefore, it is not permissible to deal with this type of goods that lacks knowledge of the sold item by sight or description; because it is among the sales of gharar (excessive uncertainty) from which one is prohibited; due to the hadith of Abu Hurayrah
(may Allah be pleased with him),
Ibn ‘Umar said the Prophet forbade selling a debt to be paid at a future date for another
أن النبي صلى الله عليه وسلم نهى عن بيع الغرر
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.