Ambiguity in the Object of Transaction and its Removal

Ambiguity in the object of transaction may cause a transaction to be void. In this article we study this matter and the necessity for its removal from transactions. The jurists for the matter refers to the Prophet’s tradition of “Gharar”, although some of them have carped about its authenticity. However some jurists referring that most of contracts are based on the manner of sages, believe that there is no necessity for tradition and consensus in order to proving the rule of “Gharar”. Therefore the manner of sages is not specific for transaction and may be extended to other types of contracts.Ambiguity leads to invalidity of contract and the transacted objects shall be immediately returned to their original owner.When the ambiguity has passed its normal extent and can be deemed as gamble, it causes cancellation of the contract; and therefore, the legislator have demurred some specific cases in a special way in order to promote beneficence and to develop social cooperation and communion.