Is the option of rescission due to excessive loss established?
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Question:
Is the option of rescission due to excessive loss established, given that the author of *Subul al-Salam* stated: "The majority of scholars held that it is not established," and he said: "The hadithSunan Ibn Majah 2355Hasan (Darussalam) is specific to the man referred to?"
Answer:
The correct view is that excessive loss is established absolutely, if the man ... does not understand goods, does not know about selling, and they deceived him, then he has the option of rescission; because he is wronged, and the Prophet (peace and blessings be upon him) clarified that injustice is forbidden, and that a Muslim is the brother of a Muslim, he does not wrong him, nor does he hand him over to be wronged.
Therefore, it is obligatory for Muslims not to deceive their brothers, not to wrong them, and to sell to them at the customary price. The one who is not skilled in selling is treated like the one who is skilled in selling; he is not deceived. If he is deceived, he is wronged, so he has the option of rescission before the judges.
Is the option of rescission due to excessive loss established, given that the author of *Subul al-Salam* stated: "The majority of scholars held that it is not established," and he said: "The hadith
When you buy something, say: “There should be no intention of cheating,”
إذا تبايعت؛ فقل لا خلابةAnswer:
The correct view is that excessive loss is established absolutely, if the man ... does not understand goods, does not know about selling, and they deceived him, then he has the option of rescission; because he is wronged, and the Prophet (peace and blessings be upon him) clarified that injustice is forbidden, and that a Muslim is the brother of a Muslim, he does not wrong him, nor does he hand him over to be wronged.
Therefore, it is obligatory for Muslims not to deceive their brothers, not to wrong them, and to sell to them at the customary price. The one who is not skilled in selling is treated like the one who is skilled in selling; he is not deceived. If he is deceived, he is wronged, so he has the option of rescission before the judges.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
