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I would like to explain about the contract that often times we do every day. That contract is a
Etymologically, Sale and purchase (al-bai`) means the absolute exchange. According to the
Islamic law, sale and purchase is the exchange of certain property to another property on the
basis of pleasure between both of party. In the other terms is transfer of property with other
property based on the approval or agreement that has been justified Syara `.
Sale and purchase will be legitimate if the transaction based on the rule of Syari`a, principles
(elements) and conditions. Thus, the ownership, payment and utilization of the goods are to be
lawful.
The transaction of sale and purchase is considered valid if done with ijab and qabul. Ijab is an
early expression uttered by one of two parties who do contract. And qabul is a second party.
Regulation of the contract should be done with the pleasure (mutually willing) and embodied in
the form of taking and giving, or in other ways that can show will be reconciliation.
The explanation above makes me wonder/confused will the validity of the contract of sale for the
eggs. How can this be considered valid, if the seller cannot be certain whether the eggs are sold
is good or defective?
Nor could the seller break the eggs one by one to ascertain whether it is feasible sold eggs. While
we recognize that under the contract of sale, the buyer has the right to seek compensation if the
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Is the seller also has the right to remain not replace the eggs because he did not know the real
In the book Fiqh Sunnah vol 4, Sayyid Sabiq says that is forbidden to sell defective goods
without explaining to the buyers. If the contract has been done and the buyer was aware of any
defects in the goods, the contract was valid and no khiyaar (again) afterward. However, if the
buyer did not aware the defective goods, and learned that after the contract, the contract remains
In this case, the seller cannot give an explanation to the eggs (goods) that they sell. However that
does not mean that the seller cover the real condition of the goods it sells, but because he did not
have the ability to find out. The seller only knows that eggs are eggs sold well, no deception in it.
And the buyer had to trust the words of those because the buyer had already seen the physical
conditions outside the egg, though not knowing the real condition inside. The buyer was also
So there was a sale and purchase transactions between both of party (buyer and seller) on the
Yunahar Ilyas, Chairman of the MUI Centre also said that eggs are legitimate goods traded, so
In this case, the goods’ being sold is the egg, which is always consumed for all classes because it
is affordable and easy to get it. In Islamic teachings, egg including halal goods is allowed to eat.
So the sale and purchase contract of egg is valid because the egg is halal goods.
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But the different conditions if the seller is not transparent as if to cover something (fraud). The
seller who knows that the buyer could not guess the quality of the eggs then he says that eggs are
eggs sold yesterday, while in fact these eggs are eggs a week ago. Actually Islam forbids such
If the seller sell the rotten eggs, and the buyer aware it after the contract, then the buyer has the
right to return back the goods and ask the return payment to the seller, if the seller wants. If the
agreement stated that the defective goods must be replaced then the seller has an obligation to
In my opinion is better between the seller and buyer have an agreement before the transaction,
such as the seller reduces the price of eggs, but if there are any defects is the responsibility of the
buyer (do not ask for compensation) or sellers raise the price of eggs to the buyer but if any items
General conclusion is the sale and purchase agreement is valid because the eggs are halal goods,
the contract done with the pleasure (mutually willing) and accompanied by clear agreement
between two parties. However, if the seller did ghurur then the contract becomes invalid, even
forbidden because it was obvious in the holy Al-Quran verse which forbids acts ghurur.