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Sale and Purchase of Eggs

I would like to explain about the contract that often times we do every day. That contract is a

contract of sale and purchase.

Etymologically, Sale and purchase (al-bai`) means the absolute exchange. According to the

Islamic law, sale and purchase is the exchange of certain property to another property on the

basis of pleasure between both of party. In the other terms is transfer of property with other

property based on the approval or agreement that has been justified Syara `.

Sale and purchase will be legitimate if the transaction based on the rule of Syari`a, principles

(elements) and conditions. Thus, the ownership, payment and utilization of the goods are to be

lawful.

The transaction of sale and purchase is considered valid if done with ijab and qabul. Ijab is an

early expression uttered by one of two parties who do contract. And qabul is a second party.

Regulation of the contract should be done with the pleasure (mutually willing) and embodied in

the form of taking and giving, or in other ways that can show will be reconciliation.

The explanation above makes me wonder/confused will the validity of the contract of sale for the

eggs. How can this be considered valid, if the seller cannot be certain whether the eggs are sold

is good or defective?

Nor could the seller break the eggs one by one to ascertain whether it is feasible sold eggs. While

we recognize that under the contract of sale, the buyer has the right to seek compensation if the

goods are sold defective.

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Is the seller also has the right to remain not replace the eggs because he did not know the real

conditions in the egg?

So, let us see the problem one by one.

In the book Fiqh Sunnah vol 4, Sayyid Sabiq says that is forbidden to sell defective goods

without explaining to the buyers. If the contract has been done and the buyer was aware of any

defects in the goods, the contract was valid and no khiyaar (again) afterward. However, if the

buyer did not aware the defective goods, and learned that after the contract, the contract remains

otherwise correct, but not enforced.

In this case, the seller cannot give an explanation to the eggs (goods) that they sell. However that

does not mean that the seller cover the real condition of the goods it sells, but because he did not

have the ability to find out. The seller only knows that eggs are eggs sold well, no deception in it.

And the buyer had to trust the words of those because the buyer had already seen the physical

conditions outside the egg, though not knowing the real condition inside. The buyer was also

acknowledges that the inability which is owned by the seller.

So there was a sale and purchase transactions between both of party (buyer and seller) on the

basis of equally pleased (mutually willing).

Yunahar Ilyas, Chairman of the MUI Centre also said that eggs are legitimate goods traded, so

the contract of sale eggs is also valid.

In this case, the goods’ being sold is the egg, which is always consumed for all classes because it

is affordable and easy to get it. In Islamic teachings, egg including halal goods is allowed to eat.

So the sale and purchase contract of egg is valid because the egg is halal goods.

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But the different conditions if the seller is not transparent as if to cover something (fraud). The

seller who knows that the buyer could not guess the quality of the eggs then he says that eggs are

eggs sold yesterday, while in fact these eggs are eggs a week ago. Actually Islam forbids such

actions because ghurur is unlawful. Thus, the contract becomes invalid.

So what if the eggs are sold turns out to rot?

If the seller sell the rotten eggs, and the buyer aware it after the contract, then the buyer has the

right to return back the goods and ask the return payment to the seller, if the seller wants. If the

agreement stated that the defective goods must be replaced then the seller has an obligation to

replace these defective eggs.

In my opinion is better between the seller and buyer have an agreement before the transaction,

such as the seller reduces the price of eggs, but if there are any defects is the responsibility of the

buyer (do not ask for compensation) or sellers raise the price of eggs to the buyer but if any items

disability is the responsibility of the seller (replaced egg).

General conclusion is the sale and purchase agreement is valid because the eggs are halal goods,

the contract done with the pleasure (mutually willing) and accompanied by clear agreement

between two parties. However, if the seller did ghurur then the contract becomes invalid, even

forbidden because it was obvious in the holy Al-Quran verse which forbids acts ghurur.