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COMMON CASES OF GHABN

27 November 2025 • 599 views
1. Price Manipulation (النجش): (a) Overpricing (لمصلحة البائع): A seller conspires with others to artificially inflate the price during an auction, tricking the buyer into paying more than the market value. In this case, the buyer gains the right to revoke the contract. (b) Underpricing (لمصلحة المشتري): A buyer conspires with others to suppress bids, leading the seller to accept a price significantly below market value. In this case, the seller gains the right to revoke the contract. 2. Exploiting the (مسترسل): The mustarsil is someone who is unaware of the true value of the item (جاهل بالثمن) or incapable of bargaining effectively (لا يحسن المماكسة) DETERMINING GHABN: The determination of ghabn relies on customary practices (ʿurf), as neither the texts, nor lugha give an explicit thresholds. Some scholars, argue that a one-third deviation in price is excessive, citing the hadith: ((الثلث والثلث كثير)) "One-third is significant" (used in contexts like inheritance). _ FINAL BENEFIT: The خيار of Ayb, tadlees, and ghabn differ from the first two, in that they are delayed option (على التراخي). This means that a person is not required to act immediately upon discovering the defect. They may wait for a day, two, or three before making a decision, as long as there is no evidence that they have accepted the defect (for example, by using or continuing to sell the item after discovering the defect). Whereas the first two types of خيار (majlis and shart) require immediate action upon discovering the issue (على الفور). _ Source: https://t.me/masjidsahabah https://whatsapp.com/channel/0029VadAK4n5K3zclcMjeg0F