What is the ruling if a seller fails to disclose an obligation required in a Murabaha sale?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If the seller fails to disclose any element that was required to be disclosed in a Murabaha transaction, the sale itself is not invalidated, but the buyer retains the option (*khiyar*) to proceed with the purchase or to annul the sale (*faskh*). This applies unless the failure pertains to disclosing an addition above the original cost price, which has a specific prior ruling.
Supporting text
If the second purchase price was credit-based (deferred payment) and this was not disclosed, Imam Ahmad states the buyer has the option to take the item at the agreed credit price or to annul the contract. This is also the position of Abu Hanifa and Al-Shafi'i, based on the reasoning that the seller did not consent to rely on the buyer's creditworthiness if it is potentially weaker.