If the seller stipulates exemption from all defects, is the contract valid? Is there no harm to the buyer?
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The questioner : If the seller stipulates exemption from all defects...
The Shaykh : Yes?
The questioner : Is there no excessive uncertainty (gharar) for the buyer?
The Shaykh : Yes, the buyer is satisfied with this. The buyer is willing to assume that all of it is defective, because since every unknown defect has been stipulated against him, he is willing to assume that all of it is defective.
The questioner : It is possible to draw an analogy to that.
The Shaykh : Yes?
The questioner : It is possible to draw an analogy to that for all sales that contain excessive uncertainty (gharar), such as the sale of...
The Shaykh : No, no, no. This is not in the substance of the item sold; this is in the delivery of the item sold.
Allah is the Greatest.
The Shaykh : Yes?
The questioner : Is there no excessive uncertainty (gharar) for the buyer?
The Shaykh : Yes, the buyer is satisfied with this. The buyer is willing to assume that all of it is defective, because since every unknown defect has been stipulated against him, he is willing to assume that all of it is defective.
The questioner : It is possible to draw an analogy to that.
The Shaykh : Yes?
The questioner : It is possible to draw an analogy to that for all sales that contain excessive uncertainty (gharar), such as the sale of...
The Shaykh : No, no, no. This is not in the substance of the item sold; this is in the delivery of the item sold.
Allah is the Greatest.