Hadith 39409

Malik spoke about what was done among them in the case of a groupof people who bought goods, drapery or slaves, and a man heard aboutit and said to one of the group, "I have heard the description andsituation of the drapery goods you bought from so-and-so. Shall I giveyou such-and-such profit to take over your portion?" This personagreed, and the man gave him the profit and became a partner in hisplace. When he looked at the purchase, he saw that it was ugly andfound it too expensive.Malik said, "It is obliged on him andthere is no choice in it for him if he bought it according to a listof contents and the description was well-known."Malik spokeabout a man who had drapery goods sent to him, and salesmen came tohim and he read to them his list of contents and said, "In each bag issuch-and-such a wrap from Basra and such-and-such a light wrap fromSabir. Their size is such-and-such," and he named to them types ofdrapery goods by their sort, and he said, "Buy them from me accordingto this description." They bought the bags according to what hedescribed to them, and then they bought them and found them tooexpensive and regretted it. Malik said, "The sale is binding on them,if the goods agree with the list of contents on which he sold them."Malik said, "This is the way of doing things which peoplestill use today. They permit the sale among them when the goods agreewith the list of contents and are not different from it. "