What is the ruling on *Najsh* (deceptive bidding)?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
Najsh is when someone who does not intend to buy raises the price of a commodity so that the genuine bidder is misled into believing the item is worth the increased amount. This act is forbidden, deceitful, and unlawful. Al-Bukhari stated that the *najish* (deceiver) is a treacherous consumer of usury and that it is invalid deception not permitted. The Prophet (peace be upon him) prohibited Najsh based on the narration from Ibn Umar. It is forbidden because it involves misleading and deceiving the buyer, and the Prophet (peace be upon him) stated, 'Deception is in the Fire.'
Supporting text
If a purchase occurs following *Najsh*, the contract of sale is valid according to the majority of scholars, including Al-Shafi'i and the proponents of *Ra'y* (opinion). However, Ahmad, in one narration chosen by Abu Bakr and in the opinion of Malik, holds that the sale is void because the prohibition implies invalidity.