Q 28: What is the ruling on whomever says, Buy these goods and in case of loss, I will bear it?

A: If a buyer stipulates that he is not responsible for any loss and if the goods of are spoilt, he will return them, this condition is invalid while the sale is valid. Likewise, if the seller says, 'Buy these goods and in case of loss, I will cover it'. The Messenger of Allah (peace be upon him) stated: Any condition that is not in the book of Allah is null even if they were a hundred conditions (Agreed upon by Al-Bukhari and Muslim). The object of a contract is to agree to transfer the goods to the buyer after paying the price at which time he is entitled to full possession, as such, only he takes the profit or bears any losses. This prevents any possible set back on the part of the buyer who may be careless in marketing the goods that he sold for a lesser price and deemed the seller as responsible, and to avoid the kind of Gharar sale (fraudulent transaction where details about the sold item are unknown or uncertain) on the part of the seller who pledges to bear the losses by (Part No. 13; Page No. 199) deceiving the buyer into thinking that the goods are in demand and that they are worth the price paid. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.