Does the absence of witnesses in a sales contract invalidate the contract?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The absence of witnesses in a sales contract does not invalidate it. Rather, the contract remains valid and its effects take hold if it fulfills the conditions of validity and is free from فساد (elements that corrupt it). This is based on the established fact that the Prophet, peace and blessings be upon him, bought a horse without witnesses, as indicated by the of Umarah ibn Khuzaymah. As for the command to witness in the verse, "And take witnesses when you trade," it is not for obligation but for guidance, by the consensus of the jurists.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/134648
Where this answer came from
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- Ftawy
- Original fatwa ID
- 134648
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy