Is the sale of an absent object valid when it has not been described or previously seen?
Chapter on the Option of the Two Parties in Sale
Al-Mughni
Book of Sales
Primary text
The sale of an absent object that has neither been described nor previously seen is invalid. This view is held by Al-Sha'bi, Al-Nakha'i, Al-Hasan, Al-Awza'i, Malik, and Ishaq, and it constitutes one of the two opinions of Al-Shafi'i. The supporting evidence is the Prophet's prohibition against the sale involving uncertainty (Gharar), as narrated by Muslim. Furthermore, selling what has not been seen or described invalidates the transaction, similar to selling pits within dates. It is also invalid because it constitutes a type of sale where ignorance of the subject matter's description invalidates it, analogous to Salam sales. The general permissibility of trade (Quran 2:275) is considered specific to established principles.
Supporting text
Another narration permits the sale of the absent object, which is the established madhhab of Abu Hanifa and the second opinion of Al-Shafi'i. Proponents of validity rely on the general nature of the verse {God has made trade lawful} (Quran 2:275) and a report concerning Uthman and Talha trading properties where Talha was granted the option to rescind because he purchased what he had not seen.