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(Book 31, Hadith 79) #36420
Binding Sales According to List of Contents

SUMMARY: This hadith explains that when goods are bought according to a list of contents and the description is well-known, the sale is binding on them.

Malik spoke about what was done among them in the case of a group of people who bought goods, drapery or slaves, and a man heard about it and said to one of the group, "I have heard the description and situation of the drapery goods you bought from so-and-so. Shall I give you such-and-such profit to take over your portion?" This person agreed, and the man gave him the profit and became a partner in his place. When he looked at the purchase, he saw that it was ugly and found it too expensive. Malik said, "It is obliged on him and there is no choice in it for him if he bought it according to a list of contents and the description was well-known". Malik spoke about a man who had drapery goods sent to him, and salesmen came to him and he read to them his list of contents and said, "In each bag is such-and-such a wrap from Basra and such-and-such a light wrap from Sabir. Their size is such-and-such," and he named to them types of drapery goods by their sort, and he said, "Buy them from me according to this description". They bought the bags according to what he described to them, and then they bought them and found them too expensive and regretted it. Malik said, "The sale is binding on them, if the goods agree with the list of contents on which he sold them". Malik said, "This is the way of doing things which people still use today. They permit the sale among them when the goods agree with the list of contents and are not different from it".

TOPICS
bay  *  sale  *  goods  *  list  *  description  *  binding  *  almalaa  *  alfihrist  *  taswir  *  wajib

QUICK LESSONS:
Be careful when buying things; Make sure whatever you sell meets your descriptions; Accept what you buy even if its too expensive; Be honest with buyers; Take responsibility for your actions

EXPLANATIONS:
This hadith explains that when goods are bought according to a list of contents and the description is well known, then it is binding on them. The Prophet Muhammad's companion Malik spoke about this practice which was used in his time and still used today. He said that if someone buys something based on a list of contents or description given by the seller, then they must accept it even if they find it too expensive or not as expected. This teaches us that we should be careful when buying something based on what someone tells us because we have no choice but to accept it once we buy it. We should also make sure that whatever we sell meets our descriptions so as not to mislead buyers into buying something they don't want or expect.

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