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
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.