A type of sale (ba’i) in which a heap of grains or any other commodity (dates, cotton, etc), in Arabic subrah- صبرة, is sold as is by mere eye inspection, without being weighed or measured. Shari’a forbids this sale because it involves a considerable amount of uncertainty (gharar) as to the actual weight of the commodity being traded. However, the sale becomes valid from a shari’a perspective should more information be available to the buyer regarding the very nature and condition of the underlying, and in a way that can compensate for the lack of uncertainty with respect to weight. It is also permissible (according to jumhur al-fuqaha) to sell a portion of subrah, e.g. third or fourth thereof, provided that the portion per se is not sold for a given price based on its weight (e.g. one kilogram for one dinar).
Subrah (الصبرة) is an Arabic term that translates as an unmeasured heap (a heap whose weight or measurement is unknown).
Comments