Is a sale contract valid if the cost price for *murābaḥah*, *mawāḍaʻah*, or *tawliyah* is unknown to both or one party?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If the sellers label the commodity with a price (*raqam*) but are ignorant of the original cost price, or if they are ignorant of the profit margin (*ribḥ*) or loss amount (*waḍīʻah*) in the case of *murābaḥah*, *mawāḍaʻah*, or *tawliyah*, the sale is void. This is because knowledge of the final price is a condition for the validity of the sale, and the contract cannot be established without it.
Supporting text
Abu Ḥanīfah permits validity, stating that when the price is unspecified (absolute), it implies equality (half and half), similar to an admission (*iqrār*). This is rejected because the exact proportion of each component of the price (e.g., gold and silver) is unknown, making the entire transaction invalid, just as if one stated the price was one hundred composed partly of gold and partly of silver without specifying the amounts.