known. The evidence is the hadith of Abu Hurayrah, may Allah be pleased with him: “The Prophet, peace and blessings be upon him, forbade sales involving excessive uncertainty.” (1) Moreover, it is one of the two countervalues, so knowledge of it is stipulated just as it is stipulated for the other countervalue. I have cited this analogy because there are hadiths specifically concerning an unknown item being sold, such as the sale of an unborn offspring, for example. (2)

Issue: If someone says, “I bought this house from you for this heap of dirhams,” is the sale valid?

The jurists say that it is valid, because in this case the price is known by inspection, even though it involves considerable uncertainty. Likewise, if he says, “I bought this car from you for this bundle of five-hundred-riyal banknotes,” then, according to the madhhab, it is valid because it is known by inspection. But this is not correct, because the banknotes vary: even used notes differ from new ones. New notes are thin, yet they are numerous in quantity, and the reverse is also true.

Likewise, if he says, “I bought this car from you for the weight of this stone in gold,” then, according to the madhhab, it is permissible because the stone is visible. And if he says, “I bought this house from you for a vesselful of silver,” it is permissible according to the madhhab because it is visible. I have mentioned this because it is stated in al-Rawd (3). Yet all of this is weak, and it contains evident excessive uncertainty; it undoubtedly falls under the hadith of Abu Hurayrah.

His statement, “If he sells it at its marked price,” means: at the price written on the merchandise, as people do, for example, with medicines, because it is unknown either to the seller