Is there any gharar in purchasing auction goods whose entire contents are not disclosed, and is it permissible to sell them without moving them from their location?
The difference between (risk/uncertainty) and jahalah (ignorance) is that gharar pertains to something whose occurrence is unknown (whether it will happen or not), whereas jahalah pertains to something whose occurrence is known but its characteristic is unknown. Jahalah is what renders the sale of unknown bags impermissible, because their contents are certainly present, but their characteristics are unknown. Among the conditions for a valid sale is knowledge of the sold item and the price, a knowledge that precludes ignorance leading to dispute. To validate the sale, the bags must be opened or be transparent, or a description of their contents must be written, along with an option for the buyer. It is not permissible to sell items before they are transported.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 80567
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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