FAQ #90: Are sale contracts void for a genuinely mentally ill person, and is selling birds in the sky impermissible?

Validity of Sale Contracts: The Impact of Mental Illness and Gharar in Islamic Transactions #


Original Question:
If a person is genuinely mentally ill, his actions (either buying or selling) are not valid, and the sale contract is void regardless of the types of sale. As for engaging in the sale of birds in the sky, it is impermissible in Islam due to gharar (ambiguity) in the delivery. The Prophet (ﷺ) once said: “Do not buy fish that are still in the sea as it is a form of deception”. This hadith serves as a reminder of deceptive trades. How could fish from the sea be sold when its catch is uncertain?

If a person is genuinely mentally ill, his actions (either buying or selling) are not valid, and the sale contract is void regardless of the types of sale.

As for engaging in the sale of birds in the sky, it is impermissible in Islam due to gharar (ambiguity) in the delivery.

The Prophet (ﷺ) once said: “Do not buy fish that are still in the sea as it is a form of deception”.

This hadith serves as a reminder of deceptive trades.

How could fish from the sea be sold when its catch is uncertain?

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