Khiyar kashf al-hal (option upon disclosure of the quantity)

خيار كشف الحال

Khiyar kashf al-hal is the right of rescission for one to whom the amount of the sold thing proves other than he supposed; kashf in language is disclosure, the lifting of a thing from what covers it, and the Hanafis name it kashf al-hal, inkishaf al-hal and takashshuf. 1 Its field is the personal measures the parties resort to instead of the customary measures of volume or weight, as when one sells what is sold by measure or weight by a particular vessel of unknown capacity, such as a box or a bag, or by the weight of a particular stone; the sale is valid under special conditions and carries the buyer's right of option, the sale being non-binding, and its validity is disputed in the Hanafi books. 1 The Hanafis take it in a transmission and list it among their named options; the Shafiis affirm it too though under another name and at times unnamed, and Ibn Hajar states that selling the fill of a jug or a houseful from a heap, or a pebble's weight of gold, is valid because taking from the determinate is possible before it perishes and knowledge of the determinate amount is not required, unlike saying "in my liability is such-and-such of it"; the Malikis forbid it counting it among the forbidden gharar sales, and the prohibition is the transmission of al-Hasan ibn Ziyad from Abu Hanifa. 1 The ground for permission is that the ignorance present in this contract does not lead to dispute because its delivery is prompt in the session, only dispute-breeding ignorance barring validity; Ibn al-Humam held that the principle requires the option whenever he measured or weighed for the buyer, and the fatwa books state it when the amount is learned by weighing, and its closest parallel for him is Abu Hanifa's view on selling a heap at a dirham the qafiz: if it is measured in the session until the amount is known the sale is valid and the buyer holds the option, as though he had seen it without having seen it at the time of the sale. 2 The ground for prohibition is that a sale of measurables and weighables is either by estimate, the object being what is pointed at, or by naming the amount, the object being the named amount, and neither is found here since the measure was not known. 2 Conditions of the contract's validity with it: the unknown vessel or scale must remain as it was, for if it perishes before delivery the sale corrupts since the amount sold cannot be known; delivery of the goods must be prompt in the contract's session, as the jurists' wordings all state including al-Sarakhsi's; and in measuring only, the personal measure must not admit shrinkage, neither collapsing nor contracting, such as wood or iron, so the wicker basket and the sack do not serve. 2 Of this kind is selling the fill of a particular waterskin or a large one: from Abu Hanifa that it is not allowed because the water is not with him nor is the skin's capacity known, though he unqualifiedly allowed it for a specified skin with the town's customary skins among most water-carriers being the measure; from Abu Yusuf that if it is filled and they then agree it is allowed; and Ibn al-Humam said the analogical rule is Abu Hanifa's transmission while the juristic preference established by practice implies permission after the skin's kind is named when it is not specified, the disparity then being slight and wasted in water. 3

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Era
The Early Abbasid Caliphate
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Summary

Kashf in language is disclosure, the lifting of a thing from what veils and covers it, and takashshuf is becoming apparent; the technical definition is drawn from this meaning, so the option of disclosure is the right of rescission for one to whom the amount of the sold thing proves other than he supposed. The Hanafis name it with several names from the same root: kashf al-hal, inkishaf al-hal and takashshuf; its intent appears from its field, for it runs in the personal measures the two parties sometimes resort to instead of the customary measures, whether the measure is of the instruments of volume or of weight, and its current example is a person selling a thing of what is sold by measure or weight, not using for its estimation the customary vessels or scales but selling it by a particular vessel of unknown capacity such as a box or a bag, or by the weight of a particular stone — the sale is valid under special conditions and carries the buyer's right of option, the sale being non-binding, and its validity is disputed in the Hanafi books. 1 The Hanafis take this option in a transmission and list it among the options named in their school; the Shafiis affirm it too though under another name and sometimes unnamed, expressing it instead, as Ibn Hajar states that the words "I sold you the fill of this jug or the houseful of this heap, or the weight of this pebble of this gold" are valid, because taking from the determinate is possible before it perishes and knowing the determinate amount is not required, unlike saying "in my liability is such-and-such of it"; the Malikis forbid it and count it among the kinds of forbidden gharar sale, the prohibition being the transmission of al-Hasan ibn Ziyad from Abu Hanifa. 1 The ground of the view permitting it is that the ignorance present in this contract does not lead to dispute because its delivery is made prompt in the session, which is one of the special conditions, and only dispute-breeding ignorance bars validity; Ibn al-Humam said the principle requires that the option stand whenever he measured or weighed for the buyer, as in buying by the weight of this stone in gold, and the fatwa books state the option stands when he learns it by weighing; he did not stop at what he transmitted but brought a parallel of the rule, saying the nearest thing to it is Abu Hanifa's view on selling a heap at a dirham the qafiz: if it is measured in the session until the amount is known the sale is valid and the option is established for the buyer as though he had seen it without having seen it at the time of the sale, though the supposition is that he saw the heap before measuring and pointing was made to it; and as for the view of prohibition, its ground is that a sale of measurables and weighables is either by estimate, in which case the object of the contract is what is pointed at, or by naming the amount, in which case the object is the named amount, and neither is found here: it is not an estimate nor was a determinate amount named, since the measure was not known. 2 Required for the validity of the said sale entailing the option of disclosure is that the unknown vessel or scale remain as it was, for if they perish before delivery the sale corrupts because the amount of what he sold cannot be known; and that delivery of the goods be prompt, that is, in the session of the contract — Ibn al-Humam says every wording states the conditioning of the sale's validity on promptness, among them al-Sarakhsi's wording that buying by this vessel hand to hand is unobjectionable, for in a determinate thing sale by estimate is allowed and with an unknown measure a fortiori, delivery being right after the sale; and it is required in measuring only that the personal measure not admit shrinkage, neither collapsing nor contracting, such as being of wood or iron, while if it is like the wicker basket or the sack it does not serve. 2 Of this kind is selling the fill of a particular waterskin or large skin: from Abu Hanifa that it is not allowed because the water is not with him nor is the skin's capacity known, though he unqualifiedly allowed it for a specified skin with the town's customary skins among most water-carriers being the measure; from Abu Yusuf that if it is filled and they then agree it is allowed; and Ibn al-Humam said the analogical rule is beyond doubt Abu Hanifa's transmission, while the juristic preference established by practice implies permission after the skin's kind is named when it is not specified, the disparity beyond that being slight and wasted in water. 3

People and things also explored

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)· Democracy and the Sharia — compatibility and conflict· Fatwa on the satellite channels — its benefit and harm· Secularism and Islam — conflict or concord· Stoning (rajm) as a penalty for zina· Allusion to a proposal during the waiting period· Aman (safe-conduct granted to enemies in war)· Amana (trust, deposit and what is entrusted)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8010
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8011
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8012
Cite this page

islam.museum contributors. “Khiyar kashf al-hal (option upon disclosure of the quantity)”. islam.museum, https://islam.museum/en/concept/khiyar-kashf-al-hal-fiqh/. CC BY-SA 4.0. Last updated 2026-10-24.

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Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)

Ahliyya is lexically suitability, and it is of two kinds: capacity to have rights and duties, the capacity of liability; and capacity to act, that is to perform acts recognised by the law. Its bearer passes through the stages of the foetus, childhood, discernment, puberty and maturity. Liability is complete from birth and incomplete for the foetus; the capacity to act is partial at discernment and full with puberty and reason. It is affected by heavenly impediments such as madness, imbecility, sleep, fainting, illness, slavery, menstruation, childbirth and death, and by acquired ones such as ignorance, drunkenness, jest, folly, travel, error and coercion.