Is it possible to reconsider the issue of selling commercial shops to ensure justice, or to pay the received amount and reclaim the shops, due to a feeling of being wronged after discovering that the selling price was undervalued?
The matter of ghabn (gross deception/fraud) is subject to scholarly disagreement among the jurists. The majority of jurists (Hanafis, Malikis, and Hanbalis) held that the option of ghabn is established if one of the contracting parties deceived the other, while the Shafi'is held that it is not established.
Those who affirmed the option of ghabn differed regarding its determined measure: The Hanafis, the Malikis in their preferred view, and the Hanbalis in one opinion, held that the criterion for estimating ghabn is the custom of merchants. The Malikis and Hanbalis in another opinion held that what is considered ghabn is one-third. The Malikis in a third opinion held that ghabn is what exceeds one-third.
It is advisable to resort to reconciliation between the parties, or to refer the matter to the judiciary for a ruling.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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