The Ruling on the Sale of Gharar
Machine translationRead the Arabic original
Question:
The first message in this episode is from one of the female listeners, Jumanah Abdul Karim Jaber, the sender of the message. She asks two questions, one of which is: I traveled to one of the countries and found there a market called the Shell Market. In this market, pearl shells are sold, and perhaps the buyer will find pearls in the shells, but in most cases, he finds nothing. I hope to know the position of Islamic Sharia regarding this trade. May Allah reward you with good?
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon whoever follows his guidance. As for what follows:
As for these shells that are sold in the markets, and some of which may not contain pearls, it appears that there is no harm in that; because the predominant case is the presence of the desired item, and the rare case has no ruling. Just as various types of fruits, such as watermelon and others, are sold, and some of those fruits may have some defect, and that does not harm them, because the consideration is based on the predominant case. Yes.
Question : May Allah reward you with good. So, there is nothing in this of selling the unknown, as they say?
Answer : No, because the predominant case is soundness. Yes.
Question : May Allah bless you. She says: Is it the predominant case that the buyer finds nothing?
The Shaykh : Repeat the question. Repeat it.
The question: She says: I traveled to one of the countries and found there a market called the Shell Market. In this market, pearl shells are sold, and perhaps the buyer will find pearls in the shells, but in most cases, he finds nothing. I hope to know the position of Islamic Sharia regarding this trade?
Answer : If the reality is as you described; then the sale is not valid; because the predominant case is the absence of anything, so it is with gharar (excessive uncertainty) and risk; therefore, it is not valid. However, if the opposite is the case, that the predominant case is the presence of the desired item; then there is no harm in that. Yes.
The presenter : May Allah reward you with good.
The first message in this episode is from one of the female listeners, Jumanah Abdul Karim Jaber, the sender of the message. She asks two questions, one of which is: I traveled to one of the countries and found there a market called the Shell Market. In this market, pearl shells are sold, and perhaps the buyer will find pearls in the shells, but in most cases, he finds nothing. I hope to know the position of Islamic Sharia regarding this trade. May Allah reward you with good?
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon whoever follows his guidance. As for what follows:
As for these shells that are sold in the markets, and some of which may not contain pearls, it appears that there is no harm in that; because the predominant case is the presence of the desired item, and the rare case has no ruling. Just as various types of fruits, such as watermelon and others, are sold, and some of those fruits may have some defect, and that does not harm them, because the consideration is based on the predominant case. Yes.
Question : May Allah reward you with good. So, there is nothing in this of selling the unknown, as they say?
Answer : No, because the predominant case is soundness. Yes.
Question : May Allah bless you. She says: Is it the predominant case that the buyer finds nothing?
The Shaykh : Repeat the question. Repeat it.
The question: She says: I traveled to one of the countries and found there a market called the Shell Market. In this market, pearl shells are sold, and perhaps the buyer will find pearls in the shells, but in most cases, he finds nothing. I hope to know the position of Islamic Sharia regarding this trade?
Answer : If the reality is as you described; then the sale is not valid; because the predominant case is the absence of anything, so it is with gharar (excessive uncertainty) and risk; therefore, it is not valid. However, if the opposite is the case, that the predominant case is the presence of the desired item; then there is no harm in that. Yes.
The presenter : May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.