买卖合同原本具有约束力。因此,一旦卖方与买方之间通过要约与承诺订立合同,且买卖的会面结束,买卖合同即具有约束力,双方必须履行。然而,交易合同必须以消除人们之间争端的方式完成,因此伊斯兰教法禁止人们在贸易中欺诈,并规定欺诈者有罪,无论他是卖方还是买方,无论欺诈发生在商品上还是货币上;所有这些都是被禁止的(哈拉姆),因为欺诈可能来自卖方,也可能来自买方。

The sale contract is originally binding. So once the contract by the offer and acceptance between the seller and the purchaser was completed, and the meetings of sale finished, then the sale contract becomes binding and the two sides have to execute it. But because the contract of transaction must be completed in a manner which eliminates disputes amongst the people, Shar’a made it prohibited for the people to deceive in trading, and it made the one who deceives sinful whether He was the seller or the purchaser, and whether deception was in the commodity or the currency; all of this is prohibited (Haram), since deceit could occur from the seller or from the purchaser.

欺骗卖方对商品的欺诈，是指他明知商品有瑕疵却向买方隐瞒；或以使买方误以为没有瑕疵的方式掩盖瑕疵；或以使商品看起来良好的方式对其加以遮掩。买方在价格上的欺诈，是指伪造货币，或明知是假币却加以隐藏。由于其中存在欺诈，商品的价格可能随之发生变化；买方也可能因其中的欺诈而被诱使购买某件商品。这种欺诈，无论哪一种形式，都是哈拉姆（禁止的），这依据的是艾布·胡莱赖（Abu Hurairah）所传述的圣人（愿主福安之）的话，他说："不要捆绑骆驼和绵羊的乳房。谁在这样做之后买了它，挤奶之后，他有选择的权利：如果他喜欢就留下，如果不喜欢就连同一萨阿（一种容量单位）的枣子退还。"另有伊本·马哲（Ibn Majah）从艾布·胡莱赖传述：圣人（愿主福安之）说："谁买了乳房被捆绑的骆驼或绵羊，他有权在三天内将其退还，并连同一萨阿的枣子或小麦（作为他所获得的牛奶的价值）一起退回。"阿尔-巴扎尔（Al-Bazzar）从艾奈斯传述，圣人（愿主福安之）禁止出售长时间不挤奶的牲畜。因此，这些圣训明确禁止捆绑骆驼和绵羊的乳房，也禁止出售为了让乳房变大、使人误以为是奶畜而久不挤奶的动物，因为这是欺骗，是被禁止的（哈拉姆）。同样，任何掩盖或隐藏瑕疵的行为，无论发生在商品上还是货币上，都被视为欺骗并被禁止，因为这是欺诈。穆斯林不得在商品或货币上进行欺骗。 相反,他必须展示商品的缺陷,并说明货币的伪造之处。他不得在商品上欺骗,以便将其推销出去或以更高的价格出售。也不得在货币上欺骗,使其被当作商品的价款而被接受。这是因为先知(愿主福安之)对此的禁令是明确的。伊本·马哈传述,乌格白·本·阿米尔引述先知ﷺ说:“穆斯林是穆斯林的兄弟,穆斯林不得从其兄弟那里购买有瑕疵的物品,除非对方向他展示该瑕疵。”布哈里也传述,哈基姆·本·希兹ام引述先知ﷺ说:“买卖双方在分开之前有选择权(决定成交或取消交易)。如果他们诚实并说明了(商品和货币的情况),他们的买卖将获得福泽;但如果他们隐瞒了(缺陷)并互相撒谎,他们买卖的福泽将被消除。”先知ﷺ还说:“我们任何人都不得欺骗。”这由伊本·马哈和艾布·达乌德从艾布·胡莱赖ﷺ传述。凡通过欺诈和欺骗而获得之物,在法律上不能归其所有,因为欺诈不是所有权的途径之一,而是被禁止的途径,因此(通过欺骗获得的)此物是被禁止的、非法的(Suht)财产。先知ﷺ说:“任何从非法(suht)财产中滋长出来的人体血肉,都不会进入乐园,火狱更配得上它。”这由艾哈迈德从贾比尔·本·阿卜杜拉传述。如果发生了欺诈,无论是在商品还是货币上,被欺骗的一方有两种选择:或者解除合同,或者履行合同,别无其他选项。因此,如果买方希望保留有缺陷的商品并获得赔偿,即…… 不完好与完好商品之间的价差，他无权这样做，因为先知ﷺ并不允许取得赔偿；相反，他给了他两种选择：“如果他愿意，可以保留（该商品），或者退还。”这段圣训由布哈里根据艾卜·胡莱赖者传述。

The deceit of the seller regarding the commodity is by hiding the defect from the purchaser, while He knows about it; or by covering the defect from the purchaser in a way which implies to the purchaser that there is no defect, or by covering the commodity in a way which shows that it is good. Deceit by the purchaser in the price is by counterfeiting the currency or by concealing a forgery while He was aware of it. The price (of the commodity) could vary according to the sold (commodity) because of the deceit in it; and the purchaser may be encouraged to buy a commodity because of the deceit in it. Such deceit, in all its types, is Haram according to what Abu Hurairah narrated from the Messenger of Allah (pbuh), who said: “Do not tie the udder of the camels and sheep, and whoever purchased it after doing that, He has the choice after He milked it either to hold it if He liked it or to return it back together with a sa’a (a cubic measure) of dates.” And also due to what Ibn Majah narrated from Abu Hurairah, who said that the Messenger of Allah (pbuh) said: “Whoever bought a camel or a sheep with a tied udder, He has the choice to return it within three days together with a sa’a of dates or wheat” (which represents the price of the milk He has gained). Al-Bazzar narrated from Anas from the Messenger of Allah (pbuh) that He prohibited the selling of animals that are left not milked. So these Ahadith are clear in forbidding the tying of the udders of camels and sheep, and forbidding the selling of an animal after it was left unmilked till its udder became large to presume that it is a dairy cattle, because this is deceit and is prohibited (Haram). Similarly, any action that covers the defect or hides it is considered deception and is prohibited, whether it was in the commodity, or the currency, because it is fraud. A Muslim is not allowed to deceive in the commodity or the currency. Rather He has to show the defect in the commodity, and explain the forgery in the currency. He is not allowed to deceive in the commodity so as to circulate it or to sell it with a higher price. Nor is He allowed to deceive in the currency so that it would be accepted as a price of a commodity. This is because the prohibition of the Prophet (pbuh) regarding that was decisive. Ibn Majah narrated from `Uqbah ibn `Amir from the Prophet (pbuh) that He said: “The Muslim is the brother of the Muslim, and it is not allowed for a Muslim to buy a faulty thing from his brother without Him being shown that fault.” Bukhari narrated also from Hakeem ibn Hizam from the Prophet (pbuh), that He (pbuh) said: “The two traders (the seller and the purchaser) have the choice (to conclude or cancel the deal) before they departed (from each other). If they were honest and explained (the commodity and the currency), their sale will be blessed. But if they hid (the defect) and lied (to each other) the blessing of their sale will be eradicated.” The Prophet (pbuh) also said: “No one of us is allowed to deceive”, as narrated by Ibn Majah and Abu Dawud from Abu Hurairah. And whoever earned something through deceit and cheating would not (legally) possess it, because deceit is not one of the means of ownership, rather it is of the prohibited means, and thus it (the thing obtained by deception) is a prohibited and illegal (Suht) property. The Prophet (pbuh) said: “Any (human) flesh that grows from illegal (suht) property will not enter paradise, then the Hellfire deserves it more”, narrated by Ahmad from Jabir ibn Abdullah. If fraud occurred, whether in the commodity or the currency, then the cheated person has the choice either to dissolve the contract or to carry it out, without more options. So if the purchaser wished to keep the defective commodity and take the indemnity i.e. the difference in the prices of the not defected and defected commodities, He has no right to do so, because the Prophet (pbuh) did not allow the taking of the indemnity; rather He gave the choice between two matters: “If He wished He could keep (the commodity) or return it back”, as narrated by Bukhari from Abu Hurairah.

不以卖方知情为选择权成立的条件。相反，只要欺诈或商品瑕疵得到证实，无论卖方是否知情，受骗者都享有选择权。这是因为圣训的含义是普遍的，也因为买卖的实际情况是以被禁止的方式完成的。这与欺骗（Ghubn）不同，欺骗只有在为人所知时才成立。因为如果他并不知情，那么除非受欺者的权利得到证实，否则他就不能被称为真正的欺骗者。例如，卖方在出售时并不知道市场价格已经下跌，之后才意识到自己所卖的价格高于其价值。这种情况不被视为欺骗，买方也不享有选择权，因为卖方在不知道价格下跌的情况下，不被视为欺骗者。

It is not a condition that the salesman knew about the fraud or the defect (in the commodity) for the choice to be made. Rather, the choice is given to the cheated person once the fraud was proved, whether the salesman knew about it or not. This is because the Ahadith are general (in their sense) and because the reality of the sale is that it happened with that which was forbidden. This is in contrast with deceit (Ghubn), which is proven once it is known. This is because if He was not aware (of the deceit) then He would not really be deceiver unless the right of the deceived is proven. For example, when the market price decreases while the salesman is unaware of that when He sells (a commodity) but then realises that He has sold it for a price which is more than it is worth. This example is not considered deceit, and the purchaser is not given the choice, because the salesman is not considered as a deceiver when He was not aware of the fall in price.