What is the ruling on selling bulk grain when the seller knows its exact measure?

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 9 · Bab 4

Open in Qurani

Primary text

There is a difference of opinion on whether selling bulk grain when the seller knows the measure is prohibited. Some scholars, including Malik, Ishaq, and others, disliked it, viewing it as reprehensible but not strictly forbidden, arguing that the seller should disclose the known measure. The prohibition implies invalidity, and deception of the buyer is implied.

Supporting text

Abu Hanifa and Al-Shafi'i saw no issue with this, arguing that if the sale is valid when both are ignorant of the amount, it is more valid when one knows the amount. A narration suggests that one who knows the measure of something must state it before selling it in bulk.