My question is about the sale of something unknown (bay' al-majhul). Could you please explain this topic precisely?
Ignorance (Jahalah) is defined both linguistically and terminologically, with jurists distinguishing it from 'jahl' (lack of knowledge). 'Jahl' pertains to the person, whereas 'jahalah' relates to an external matter, such as sales. 'Jahalah' can occur in the description, price, existence, type, species, quantity, designation, and duration. It is divided into three levels:
1. Gross Ignorance (al-Jahalah al-Fahishah): This leads to dispute and invalidates the contract, such as the prohibited (uncertainty) sales. 2. Minor Ignorance (al-Jahalah al-Yaseerah): This does not lead to dispute and is permissible by consensus, validating the contracts. 3. Moderate Ignorance (al-Jahalah al-Mutawassitah): This falls between gross and minor ignorance, and scholars have differed concerning it; some have assimilated it to gross ignorance, while others to minor ignorance, such as selling one of two garments of the same kind, or selling almonds and walnuts with their shells.
The effects of 'jahalah' on the validity of a contract vary depending on the type of contract.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy