Ruling on selling a shop wholesale
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Question:
There are people in the markets who approach one of the shops and buy the shop from its owner wholesale. The shop contains men’s and women’s fabrics and ghutars of all kinds. Is this sale valid, or does it contain a type of ignorance? We ask you to be kind and provide a comprehensive answer.
Likewise—may Allah prolong your life in His obedience—agents from some establishments come to us and agree with us on a buyer for a commodity. Then, when the agreement is reached, they ask us to hand them an official paper—like this paper with our signature on it—without us writing anything on it. If we refuse to hand over the paper, they back out of buying the commodity. Is it permissible for us to hand them a blank paper, which they handle as they wish—writing whatever they want—so that we do not lose the sale?
Please issue a ruling for us, and may Allah guide you to righteous deeds. A.H.
Answer:
The answer to the first question is that the sale mentioned is valid if the buyer has known the goods in the shop, examined them, and is fully aware of them. However, if at the time of purchase he does not know the true nature of the goods, and has only bought them wholesale, the sale is not valid because of the excessive uncertainty (gharar) involved. It is authentically reported from the Messenger of Allah (peace and blessings be upon him):Sunan Abi Dawud 3376Sahih (Al-Albani), and it is also authentically reported from him (peace and blessings be upon him): ; because of the excessive uncertainty (gharar) involved in them.
Al-Mulamasah is: when the seller says to the buyer: “Any garment you touched, or that so-and-so touched, is yours for such-and-such.”
Al-Munabadhah is: when he says to the buyer: “Any garment you threw to me, or that so-and-so threw to me, is yours for such-and-such.”
Selling by the pebble is: when the seller says: “Any spot or any garment on which the pebble lands is yours for such-and-such.”
And any action similar to this—its ruling is the same—due to the common factor of excessive uncertainty (gharar); because the buyer has not entered into the transaction with full knowledge of the true nature of the item being sold. And Allah, Glorified and Exalted is He, is more merciful to His servants than they are to themselves; for this reason, He forbade them from what harms them in transactions and other matters.
As for the second question, which is: Is it permissible to give a blank paper to someone who wants to buy a commodity, so that he can write in it whatever he wants regarding the description of the contract, and so on?
The answer is: Such a thing is not permissible; because the apparent state of these people—who come forward requesting some official papers to write in them whatever price they wish—is that they are treacherous and deceptive toward those who appointed them. And by doing so, giving them the official papers becomes assisting them in sin and transgression. And Allah, Glorified and Exalted is He, says: [Al-Ma'idah: 2].
We ask Allah to rectify the conditions of the Muslims, and to guide them to fulfilling the trust and being cautious of treachery; indeed, He is the best of those asked.
There are people in the markets who approach one of the shops and buy the shop from its owner wholesale. The shop contains men’s and women’s fabrics and ghutars of all kinds. Is this sale valid, or does it contain a type of ignorance? We ask you to be kind and provide a comprehensive answer.
Likewise—may Allah prolong your life in His obedience—agents from some establishments come to us and agree with us on a buyer for a commodity. Then, when the agreement is reached, they ask us to hand them an official paper—like this paper with our signature on it—without us writing anything on it. If we refuse to hand over the paper, they back out of buying the commodity. Is it permissible for us to hand them a blank paper, which they handle as they wish—writing whatever they want—so that we do not lose the sale?
Please issue a ruling for us, and may Allah guide you to righteous deeds. A.H.
Answer:
The answer to the first question is that the sale mentioned is valid if the buyer has known the goods in the shop, examined them, and is fully aware of them. However, if at the time of purchase he does not know the true nature of the goods, and has only bought them wholesale, the sale is not valid because of the excessive uncertainty (gharar) involved. It is authentically reported from the Messenger of Allah (peace and blessings be upon him):
The Prophet (ﷺ) forbade the type of sale which involves risk (or uncertainty)
أنه نهى عن بيع الغررThat he forbade selling by: al-Mulamasah, al-Munabadhah, and selling by the pebble
أنه نهى عن بيع: الملامسة، والمنابذة، وبيع الحصاةAl-Mulamasah is: when the seller says to the buyer: “Any garment you touched, or that so-and-so touched, is yours for such-and-such.”
Al-Munabadhah is: when he says to the buyer: “Any garment you threw to me, or that so-and-so threw to me, is yours for such-and-such.”
Selling by the pebble is: when the seller says: “Any spot or any garment on which the pebble lands is yours for such-and-such.”
And any action similar to this—its ruling is the same—due to the common factor of excessive uncertainty (gharar); because the buyer has not entered into the transaction with full knowledge of the true nature of the item being sold. And Allah, Glorified and Exalted is He, is more merciful to His servants than they are to themselves; for this reason, He forbade them from what harms them in transactions and other matters.
As for the second question, which is: Is it permissible to give a blank paper to someone who wants to buy a commodity, so that he can write in it whatever he wants regarding the description of the contract, and so on?
The answer is: Such a thing is not permissible; because the apparent state of these people—who come forward requesting some official papers to write in them whatever price they wish—is that they are treacherous and deceptive toward those who appointed them. And by doing so, giving them the official papers becomes assisting them in sin and transgression. And Allah, Glorified and Exalted is He, says:
And cooperate in righteousness and piety, but do not cooperate in sin and aggression. And fear Allah; indeed, Allah is severe in penalty.
وَتَعَاوَنُواْ عَلَى الْبرِّ وَالتَّقْوَى وَلاَ تَعَاوَنُواْ عَلَى الإِثْمِ وَالْعُدْوَانِ وَاتَّقُواْ اللّهَ إِنَّ اللّهَ شَدِيدُ الْعِقَابِWe ask Allah to rectify the conditions of the Muslims, and to guide them to fulfilling the trust and being cautious of treachery; indeed, He is the best of those asked.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.