when he sees it. If he wishes, he may take it, or if he wishes, he may leave it." A comparative, critical, hadith, and jurisprudential study Department of Holy Qur'an and its Sciences, Faculty of Education, Humanities and Applied Sciences, Khawlan - Sana'a University, Sana’a, Yemen.

Abstract

This study investigates the dominant juristic opinion on selling an unseen item without description in light of the buyer’s right of rescission upon viewing. It critically examines the hadith “Whoever purchases something he has not seen …” through descriptive-inductive, comparative, and analytical methods, drawing on sources from hadith and fiqh.

The research compares the hadith with supporting mawqūf reports, conflicting Prophetic traditions, and the evaluations of hadith critics, alongside the juristic opinions for and against the ruling derived from the hadith.

The study concludes that such a sale does not constitute prohibited gharar, as the item can be delivered and the right of rescission prevents disputes and harm to the buyer. It recommends further focused study of hadiths related to contemporary social, political, and economic juristic issues to provide sound Sharīʿah-based solutions.