for him, and the Prophet (peace and blessings of Allah be upon him) said: "Deception is in the Fire" (3). If one buys along with Najsh, the sale is valid, according to the opinion of most scholars, including al-Shafi'i and the scholars of opinion (As-hab al-Ra'y). It is narrated from Ahmad that the sale is void, which is the opinion chosen by Abu Bakr and is the position of Malik, because the prohibition implies corruption. Our position is that the prohibition returns to the Najish [the one who practices Najsh], not to the contracting party, so it does not affect the sale. Also, because the prohibition is for the right of a human being, the contract does not become void, just like intercepting riders, selling defective goods, and cheating. It is different from what is for the right of Allah Almighty, because the right of a human being can be rectified by an option (khiyar) or an increase in the price. However, if there is an excessive loss (ghabn) in the sale that is not customary, the buyer has the option between rescinding and upholding, as in the case of intercepting riders. If it is a loss that is commonly overlooked, he has no option. This applies whether the Najsh was by collusion with the seller or not. The scholars of the Shafi'i school said: If it was not by the collusion and knowledge of the seller, he has no option. They differed if it was with his collusion; some said: The buyer has no option because the negligence is on his part, as he purchased what he did not know the value of. Our position is that it is a deception of the contracting party, so if he is cheated, the option is established for him, as in the case of intercepting riders, and what he [the opponent] mentioned is refuted by the case of intercepting riders.

Section: If the seller says: "I was offered such and such for this item," and the buyer believed him and bought it for that price, then it turns out he was lying, the sale is valid, but the buyer also has the option (khiyar) because it is in the meaning of Najsh.

Section: His saying, peace be upon him: "Let not some of you outbid others." Its meaning is: If two men are trading, and another comes to the buyer during the option period and says: "I will sell you the like of this item for less than this price, or I will sell you something better than it for its price, or less," or he presents him with an item the buyer desires, and he rescinds the sale and buys this one, this is not permissible due to the Prophet's (peace and blessings of Allah be upon him) prohibition of it, and because of the harm it causes the Muslim and the spoiling of the deal for him. Likewise, if he buys over the purchase of his brother, which is that he comes to the seller before the contract is finalized and offers more than the price at which it was being bought, it is also forbidden, because it is in the meaning of what is prohibited. Also, the purchase is called a sale, so it enters into the prohibition, and because the Prophet (peace and blessings of Allah be upon him) forbade proposing over the proposal of one's brother (3), and it is in the meaning of the proposer. If he contravenes and contracts, the sale is void, because it is forbidden, and prohibition implies corruption. It is also possible that it is valid, because the forbidden act is presenting his goods to the buyer or his statement because of which he rescinded the sale, and that precedes the sale; and because if the rescission that caused the harm is valid, the sale that achieved the benefit is more appropriate; and because the prohibition is for the right of a human being, so it resembles the Najsh sale. This is the school of al-Shafi'i.