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Fatwa CenterDifference between uncertainty and ignorance in transactions
Question
What is the difference between uncertainty and ignorance (in the context of transactions)?
Answer
All perfect praise be to Allaah, the Lord of the worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
Uncertainty and ignorance are two deficiencies whereby transactions are rejected. In terms of uncertainty, the buyer is deceived by the outward appearance of the commodity without knowing its real hidden elements. It was narrated that the Prophet, sallallaahu ‘alayhi wa sallam, forbade transactions determined by throwing a stone and transactions which involve uncertainty. [Muslim]
If a commodity has an unintentionally hidden deficiency, it may cause ignorance. If the deficiency is intended, then it is a forbidden deception. If the sale is in such a form that a defect is potential, but it is not intended by the seller, then there is an element of uncertainty. Every case of uncertainty involves ignorance, but not vice versa. Therefore, ignorance is more general than uncertainty in this regard.
On the other hand, uncertainty is more general than ignorance in terms of the form of sale. Both are combined in terms of uncertainty being inclusive of a sale with unknown results, as well as injustice, enmity, and grudge. Examples of sales involving uncertainty are what the Prophet, sallallaahu ‘alayhi wa sallam, stated as selling an animal fetus, fish in water, the unknown insides of things, fruits that are not yet ripe, selling things upon touching them by the buyer, Munaabathah (the thing that is cast by the seller to the buyer), and the like. An-Nawawi 
said, “Forbidding sales that involve uncertainty is a principle of Sharee‘ah (Islamic law) that includes many issues. Everything that causes ignorance about the commodity makes the sale invalid and thus there is an element of uncertainty, but not vice versa. There are two things excluded from the sale involving uncertainty: first, what is related to the sold object, which if it is sold alone, the deal will be invalid. Second, the pardonable thing which is either trivial such as cotton that is inserted into a garment, or is too difficult to be distinguished such as the foundations of a building.”
Allaah Knows best.
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