Section: Al-Khiraqi's statement may be interpreted to mean sales of observed physical objects, in which case it would not address the sale of an absent object. It may also be interpreted to mean everything that is called an option, thus including the option of inspection [khiyar al-ru'ya] and others. There are two narrations regarding the sale of an absent object. The most apparent of the two is that an absent object that has not been described and has not previously been seen cannot be validly sold. This is the view of al-Sha'bi, al-Nakha'i, al-Hasan, al-Awza'i, Malik, and Ishaq. It is also one of the two statements of al-Shafi'i. There is another narration that it is valid, which is the school of Abu Hanifa and the second statement of al-Shafi'i. Does the option of inspection [khiyar al-ru'ya] belong to the buyer? There are two narrations, the most famous of which is that it is established. This is the view of Abu Hanifa. Those who permitted it argued based on the generality of the statement of Allah Almighty: "And Allah has permitted trade." It is reported from Uthman and Talha that they traded their two properties, one in Kufa and the other in Medina. It was said to Uthman: "You have been cheated." He replied: "I do not care, for I have sold what I have not seen." It was said to Talha, and he replied: "I have the option, because I bought what I have not seen." They brought the matter for judgment to Jubayr, who granted the option to Talha. This is their consensus on the validity of the sale. Furthermore, it is a contract of exchange, so its validity does not depend on seeing the object of the contract, like marriage. Our argument is what was narrated from the Prophet (peace and blessings of Allah be upon him), that he forbade the sale of gharar (uncertainty). Recorded by Muslim.
(5) In [Manuscript] M: "And in". (6) Surah al-Baqarah, verse 275. (7) He is Jubayr ibn Mut'im ibn 'Adi al-Qurashi al-Nawfali, the Companion. He was among those to whom matters were brought for judgment, and he died in the year fifty-six. Tahdhib al-Tahdhib 2/63. (8) Recorded by al-Bayhaqi, in: The chapter on one who says the sale of an absent object is permissible, from the Book of Sales. Al-Sunan al-Kubra 5/268. (9) In: The chapter on the invalidity of the sale of pebbles and the sale containing gharar, from the Book of Sales. Sahih Muslim 3/1153. It was also recorded by Abu Dawud, in: The chapter on the sale of gharar, and the chapter on the sale of one in distress, from the Book of Sales. Sunan Abi Dawud 2/228, 229. And al-Tirmidhi, in: The chapter on what has come regarding the dislike of selling gharar, from the chapters on sales. 'Aridat al-Ahwadhi 5/237. And al-Nasa'i, in: The chapter on the sale of pebbles, from the Book of Sales. Al-Mujtaba 7/230. And Ibn Majah, in: The chapter on the prohibition of the sale of pebbles, from the Book of Trades. Sunan Ibn Majah 2/739. And al-Darimi, in: The chapter on the prohibition of the sale of gharar, and the chapter on pebbles, from the Book of Sales. Sunan al-Darimi 2/251, 253, 254. And Imam Malik, in: The chapter on the sale of gharar, from the Book of Sales. Al-Muwatta 2/664. And Imam Ahmad, in: Al-Musnad 1/116, 302, 2/155, 250, 376, 436, 439, 496.