Validity of Sale Contract Concluded After Viewing When Change is Certain or Probable
Chapter on the Option of the Two Parties in Sale
Al-Mughni
Book of Sales
Primary text
If the contract is concluded after a period during which the corruption or spoilage of the object becomes certain, the sale is invalid because the object sold is one whose sale is invalid under those circumstances. Similarly, if the object is known to have changed, the sale is invalid because the object becomes unknowable (majhul).
Supporting text
If the period elapsed makes change probable but not certain, and the object's appearance does not suggest change, the sale is valid because the default status is presumed to be soundness (salama), and this presumption is not contradicted by apparent evidence. This aligns with the explicit view of the Shafi'i school.