the total price or at eleven for ten. If he fails to do so and says, “The purchase price of these goods was ten,” when he had bought them for five and dyed them for five, the buyer may choose, if the goods are still returnable, either to keep them at the agreed price or to return them. If they are no longer returnable, the sale stands at the full price, and the amount payable is not adjusted to their assessed value. This is Sahnūn’s view in al-ʿUtbiyya. Analogical reasoning, however, would require that, since the buyer is given a choice while the goods remain returnable, the amount payable when they are no longer returnable should be their assessed value, if lower than the price, according to Ibn al-Qāsim’s position on cases of fraud and deception. Alternatively, according to Sahnūn’s position, it should be their value on the day the buyer took possession, provided that this is neither higher than the purchase price nor lower than their value on the day of purchase, in keeping with his underlying principle concerning sales at a disclosed cost and profit. Abū Ishāq al-Tūnisī held that the seller need not disclose this, just as when he sells two items together at a disclosed cost and profit, having originally purchased them in two separate transactions.
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In a sale at a disclosed cost and profit, the seller may not conceal anything about his goods which, if disclosed, would lower the price or make the buyer less willing to purchase them. This constitutes consuming wealth unlawfully, which Allah has forbidden and prohibited, as well as fraud, deception, and beguilement, which the Sunnah prohibits.
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Anyone selling at a disclosed cost and profit must therefore disclose the agreed purchase price and what he actually paid, whether he bought for immediate or deferred payment, and when he bought the goods—for traders are more eager for fresh stock and desire it more. He must also disclose whether he was granted any concession in the price or allowed to defer payment of all or part of it. If a defect developed in the goods while they were in his possession, he must disclose both the defect and the fact that it arose while they were with him. He must likewise disclose anything similar, so that the buyer knows as much about the goods as the seller does. If he fails to do so and conceals any such matter, what he conceals must fall into one of three categories: (1) a false statement about the price