Miscellaneous Rulings Pertaining to Buying and Selling
2165. If the seller informs the buyer of the price of a commodity, he must also inform him of all the details 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 has bought it on immediate or deferred payment. Therefore, if he fails to inform him of some of these details, and the buyer only comes to realize it later on, he can cancel the transaction.
2166. If a person gives a commodity to an individual, specifies its price, and says to him, “Sell this commodity for this price. Anything that you acquire above this asking price will be your wages for facilitating the sale,” then anything that he acquires above the asking price will belong to the owner of the commodity. The rental agreement will be void, and the seller may—according to the opinion of a great number of scholars—claim an equivalent wage for the work from the owner. However, if the equivalent wage is far greater than what the seller had been pleased with, the obligatory precaution is that he should work out a compromise settlement with the owner with respect to the extra amount. However, if it is in the form of a ju‘¡lah, whereby the owner states, “If you sell this commodity for a price that is higher than this price, let the extra belong to you,” there is no problem in it.
2167. If a butcher sells the meat of a male animal, but instead delivers the meat of a female animal, he will have sinned. If he had specified the meat, saying that I am selling this meat that belongs to a male animal, the buyer will reserve the right to cancel the transaction. However, if he had not specified it, then in the event that the buyer is not pleased with the meat that he has received, the butcher must sell him the meat of a male animal.
2168. If a prospective buyer tells a draper that he wishes to purchase a cloth that is colorfast, but the seller sells him a cloth that loses its color, the buyer will reserve the right to cancel the transaction.
2169. Swearing while carrying out a transaction, if it be for something true, is makruh, and if it be for something false, it is forbidden.
