The Official Website of the Office of His Eminence Al-Sayyid Ali Al-Husseini Al-Sistani

Books » Islamic Laws

Chapter eleven » Partnership (Shirkah) → ← Chapter ten » Cases when a person can annul a transaction

Chapter ten » Miscellaneous rulings

Ruling 2147. If a seller informs a buyer of the price of a commodity, he must inform him of all the things that cause the commodity to appreciate or depreciate in value, even if he sells it to him for that price or less than it. For example, he must inform him if he bought it by immediate payment or on credit. And in the event that he does not inform him of some of those particulars and afterwards the buyer comes to know them, the buyer can annul the transaction.

Ruling 2148. If a person gives a commodity to someone and specifies its price and says to him, ‘Sell this commodity for this price, and the more you sell the more your commission will be’, then whatever he gets above that price belongs to the owner of the commodity and the seller can only take his commission from the owner. However, if this is done in the form of a reward (juʿālah)(1) and the owner says, ‘If you sell this commodity for a price that is higher than that price, the extra amount belongs to you’, there is no problem.

Ruling 2149. If a butcher sells the meat of a male animal but gives the meat of a female animal instead, he will have sinned. Therefore, if he specifies the meat and says, ‘I am selling this meat of a male animal’ [but gives the meat of a female animal], the buyer can annul the transaction. However, if he does not specify it, then in case the buyer is not pleased with the meat he has received, the butcher must give him the meat of a male animal.

Ruling 2150. If a buyer tells a draper, ‘I want to buy a cloth that is colourfast’ and the draper sells him a cloth that is not colourfast, the buyer can annul the transaction.

Ruling 2151. If a seller cannot hand over a commodity that he has sold – for example, the horse that he sold has run away – the transaction is invalid and the buyer can claim his money back.

(1) The laws of juʿālah are stated in Chapter 15.
Chapter eleven » Partnership (Shirkah) → ← Chapter ten » Cases when a person can annul a transaction
العربية فارسی اردو English Azərbaycan Türkçe Français