and its existence is as its non-existence. There are two narrations from Ahmad regarding invalid conditions; one of them is that they invalidate the contract, and this sale falls under it, because the seller was only satisfied with this price as a compensation for it given this condition; so if the condition becomes invalid, the satisfaction with it is lost, and thus the sale becomes invalid due to the absence of mutual consent regarding it.

751- Issue: He said: (And whoever sells something by Murabaha, and then learns that he [the seller] had added to his capital cost, he may have recourse against him for the increase and deduct it from the profit).

The meaning of Murabaha sale is a sale at capital cost plus a known profit, and it is required that both parties know the capital cost. He says: "My capital cost for it, or it cost me one hundred, I sell it to you for that, plus a profit of ten." This is permissible, and there is no disagreement regarding its validity; nor do we know of anyone who considers it disliked. If he says: "I sell it to you at my capital cost for it, which is one hundred, and I make a profit of one dirham on every ten," or he says: [ten for eleven, or ten for twelve], then Ahmad disliked it. Its dislike has been narrated from Ibn Umar, Ibn Abbas, Masruq, al-Hasan, Ikrimah, Sa'id ibn Jubayr, and Ata ibn Yasar. Ishaq said: It is not permissible, because the price is unknown at the time of the contract, so it is not allowed, just as if he sold it for whatever is calculated by accounting. Sa'id ibn al-Musayyib, Ibn Sirin, Shurayh, al-Nakha'i, al-Thawri, al-Shafi'i, the Ashab al-Ra'y, and Ibn al-Mundhir granted a concession for it. This is because the capital cost is known, and the profit is known, so it resembles the case where he says: "plus a profit of ten dirhams." The basis for the dislike is that Ibn Umar and Ibn Abbas disliked it, and we do not know of anyone among the Companions who differed from them, and because there is a type of ignorance in it, and avoiding it is better. This is a dislike of disapproval (tanzih), and the sale is valid due to what we mentioned; the ignorance can be removed by calculation, so it does not cause harm, just as if he sold a heap to him where every qafiz is for one dirham. As for what is determined by calculation, it is unknown in general and in detail. When this is established, we return to the issue of the text, and we say: Whenever he sells something at his capital cost, plus a profit of ten,