Is the condition stating that the buyer shall not have the option of sight valid?

Chapter on the Option of the Two Parties in Sale

Al-Mughni

Book of Sales

Book 12 · Issue 3 · Bab 2

Open in Qurani

Primary text

If the buyer chooses to uphold the contract without having exercised the option, the contract becomes binding, as the option is linked to the sight. Furthermore, upholding the contract without sight leads to enforcing an obligation concerning an unknown item, resulting in harm. Consequently, a condition stipulated that the buyer forfeits the option of sight upon seeing the item is invalid.

Supporting text

There are two differing views regarding whether stipulating the nullification of the buyer's option of sight invalidates the entire sale, depending on the general ruling concerning void conditions within sales contracts.