What is the ruling if a sale occurs without the buyer having seen the item?
Chapter on the Option of the Two Parties in Sale
Al-Mughni
Book of Sales
Primary text
If a sale is concluded without the buyer having seen the item, the buyer has the option (Khiyar) to void the contract upon seeing it. If neither the buyer nor the seller has seen the item, then both parties possess the option upon inspection. This view is held by Al-Shafi'i.
Supporting text
Abu Hanifa holds that the buyer does not possess this option. His evidence is based on the practice of Uthman and Talha, and the reasoning that granting an option due to potential increase (in perceived value upon seeing) is invalid, analogous to when an item sold as defective turns out to be defect-free, in which case no option is established for the seller.