Is the sale of sesame seeds (simsim) valid if the oil/ghee derived from it (al-Shirj) is explicitly excluded (Istithna)?

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 4

Open in Qurani

Primary text

The sale is invalid. The exclusion of the oil is invalid because the sale essentially involves the oil, which is unknown, neither specified nor described. Furthermore, the Prophet (PBUH) prohibited ambiguity in conditions, stating, "There is no exception unless it is known." This ruling is based on the prohibition of unspecified exception.