A sale based on disclosure of the price is contrasted with a bargain sale. A sale based on disclosure involves a degree of restriction, whereas a bargain sale involves a degree of freedom: the seller and buyer are not bound by any particular price. A bargain sale is safer in one respect, but riskier in another. It is safer because it involves no lying, but riskier because the seller may greatly inflate the price of the commodity. Thus, each has an element of ease from one perspective and an element of risk from another; nevertheless, disclosure of the price is generally more reassuring to the buyer.

His statement, “when it proves to be lower or higher”: “when it proves to be lower” is clear, because the buyer has been overcharged—that is, when the price proves to be lower than what the seller disclosed. But illustrating the case of its proving to be “higher” is difficult. For this reason, the phrase “or higher” is not found in al-Iqna', al-Muntaha, al-Muqni', which is the basis of this book, or elsewhere. Upon consideration, it has no apparent basis, so perhaps it was a slip of the author’s pen.

For if it proves to be higher, then he has not been overcharged—unless the buyer says, “I do not want him to do me a favor; I want the actual price without any addition.” This may be a possible scenario for the issue. But from a financial standpoint, whenever it proves to be higher, the advantage is in fact on the buyer’s side, so how could he be granted the option?!

His statement, “It applies to tawliyah, shirkah, murabahah, and muwadha'ah”: the reason it is confined to these four is that they are the only conceptually possible forms. A sale based on disclosure of the price can take only four forms.