Buying goods unseen, with payment deferred to the day of delivery

By Nazir Ayyad

حكم عدم رؤية السلعة قبل الشراء، مع تأجيل دفع الثمن ليوم التسليم

A question from a man who bought from his brother, by telephone, a display screen he had not seen, on the understanding that the brother would send it on a set date and be paid on delivery, and who was told the sale was invalid because he had not seen the screen; Dar al-Ifta al-Misriyya answered that buying a specific screen, identified by descriptions that remove uncertainty, while it is absent from the place of contract is a sale of an identified absent object, which is permissible in sharia with the buyer's option on seeing it, and that deferring the price to the day of delivery is unobjectionable, being a sale of an object for a deferred price. Dar al-Ifta explained that a sale may concern a present object seen by both parties, a specific absent object, or a described object owed as in salam; that the majority of Hanafis, Malikis, Shafi'is in one view and Hanbalis in one report allow the sale of an absent object with the buyer's option on seeing it, on the strength of the general verse permitting sale, the hadith that whoever buys something he has not seen has a choice when he sees it, and the report of Uthman and Talha exchanging houses with Jubayr ibn Mut'im as arbiter, quoting al-Babarti, al-Marghinani, al-Ayni, al-Dardir, al-Nawawi, Ibn Qudama and al-Mardawi, while the Shafi'is in their more evident view and the Hanbalis in one report forbid it because of the prohibition of sales involving gharar. It preferred the majority view for the fatwa, since what matters is knowledge of the goods sufficient to remove the uncertainty that leads to dispute, which a precise description achieves as well as inspection does, and any gharar here is slight and excused by consensus for need, as al-Dardir, al-Nawawi and Ibn Muflih say; it then allowed deferral of the price to a known date or the day of delivery by the consensus reported by Ibn al-Mundhir and the statements of Ibn Abidin and al-Mawardi.

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Summary

A question about buying a display screen by telephone without seeing it, with the price deferred to the day of delivery, in which Dar al-Ifta al-Misriyya answered that this is a sale of a specific absent object described so as to remove uncertainty, permissible according to the majority of jurists with the buyer's option on seeing it, and that deferring the price to the day of delivery is a sale of an object for a deferred price to which there is no objection. 1

The question

The questioner said his brother had bought a display screen that turned out to be the wrong size for its place and offered it for sale within the family; he asked to buy it, and the sale was concluded between them by telephone on the understanding that the brother would send it on a set date and be paid then. Someone told him the sale was invalid because he had not seen the screen, and he asked whether that is correct and what the ruling on the sale is. 1

The answer

Dar al-Ifta explained that a sale may concern a present object seen by both parties, a specific object absent from the place of contract, or a described object owed, as in salam, and that the case asked about is a sale of an absent object, since the screen is owned by the seller and actually exists but the buyer did not see it at the time of contract and relied on the seller's description, which removed uncertainty; it quoted al-Babarti in al-Inaya (6/335) reporting al-Quduri's statement that one who buys something he has not seen makes a valid sale. 1 It said this kind of sale is allowed by the majority of jurists, the Hanafis, the Malikis, the Shafi'is in one view and the Hanbalis in one of two reports, with the buyer's option on seeing the goods, to take them for the full price or return them, because it is a contract of exchange whose validity does not depend on seeing the object, and because the aim is knowledge of the goods sufficient to prevent gharar and dispute, which a precise description achieves as inspection does. 1 It cited the general sense of al-Baqara 275 permitting sale; the hadith of Makhul, traced to the Prophet ﷺ and recorded by al-Bayhaqi and al-Daraqutni, that whoever buys something he has not seen has a choice when he sees it; and the report, quoted by Ibn Qudama in al-Mughni (3/495), that Uthman and Talha exchanged their houses in Kufa and Medina and took the matter to Jubayr, who gave the option to Talha, which amounts to their agreement that the sale was valid. It quoted al-Ayni in Umdat al-Qari (11/267) attributing permissibility to Abu Hanifa and his companions, Ibn Abbas, al-Nakha'i, al-Sha'bi, al-Hasan, Makhul, al-Awza'i and Sufyan; al-Marghinani in al-Hidaya (3/34); al-Dardir in al-Sharh al-Kabir (3/25–26) allowing the sale of an absent object even without description, subject to the option on seeing it; al-Nawawi in al-Majmu' (9/290); and Ibn Qudama and al-Mardawi in al-Insaf (4/297). 1

Dar al-Ifta noted that the Shafi'is in their more evident view and the Hanbalis in the second report hold the sale of an absent object impermissible as a sale involving gharar, as al-Khatib al-Shirbini says in Mughni al-Muhtaj (2/457) and Ibn Qudama in al-Mughni (3/494), but that the view chosen for the fatwa is the majority's permissibility with the option on seeing, since what matters is knowledge of the goods sufficient to remove the uncertainty that leads to dispute, which a precise description achieves as inspection does. 1 It said that even supposing some gharar exists here, it is slight and excused, since what is forbidden is the gross gharar that leads to disputes, especially given the buyer's option on seeing, which removes the likelihood of harm; it quoted al-Dardir (3/60) that slight gharar is overlooked by consensus for need, al-Nawawi in his commentary on Muslim (10/165) on the Muslims' consensus that things involving trifling gharar are permitted, and Ibn Muflih in al-Furu' (8/313) that slight ignorance, or gharar expected to pass, does no harm. 1 It then ruled that once the sale is permissible there is no objection to deferring the price to a known date or to the agreed day of delivery, since this is a sale of an object for a deferred price, permissible in sharia, citing the consensus reported by Ibn al-Mundhir in al-Ishraf (6/104) that selling known goods for a known price to a known term is permissible, Ibn Abidin in Radd al-Muhtar (4/591) that a condition deferring the price to a known term does not void the sale, and al-Mawardi in al-Hawi (4/358) that in sales of objects the price may be deferred whether the object is present or absent. 1

Dar al-Ifta concluded that buying the specific screen, identified by descriptions that remove uncertainty and absent from the place of contract, is a sale of an identified absent object, permissible in sharia without blame, with the option on seeing and inspecting it, and that there is no objection in sharia to deferring payment to the day the screen is delivered, this being a sale of an object for a deferred price barred by no text. 1

About this record

Dar al-Ifta al-Misriyya published this fatwa on dar-alifta.org as no. 9005, dated 14 May 2026, in the category of sale, among the fatwas of the Grand Mufti Nazir Muhammad Ayyad. 1 The museum records this text as a historical document attributed to the body or scholar that issued it; it issues no ruling of its own.

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Sources

  1. Egypt's Dar al-Ifta (dar-alifta.org) , fatwa 9005

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islam.museum contributors. “Buying goods unseen, with payment deferred to the day of delivery”. islam.museum, https://islam.museum/en/work/fatwa-dar-alifta-buying-unseen-goods-with-deferred-payment/. CC BY-SA 4.0. Last updated 2026-11-02.

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