Buying A Software Not Knowing the Upcoming Upgrades
Fatwa No: 407779

  • Fatwa Date:25-11-2019 - Rabee' Al-Awwal 28, 1441
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Question

Assalamu alaykum
I want to buy a software called corelDraw. The offer is as follows,
They sell corelDraw 2019 version which i can keep forever. And they will also provide optional free upgrade to their furture release corelDraw 2020 version when it is released.
It is not known what new fetures 2020 version will have.
Does this ambiguity render the sale invalid?
Note that i don't want that update, i just want that software to use.

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

There is no problem with the validity of the sale. Not being aware of the details of the future upgrades when buying the program does not prevent the sale transaction from being valid.

The upgrade is not the objective behind the sale; it is subsidiary to it. The jurists determined that something may be permissible as a subsequent (in a sales transaction) while it cannot be so if it is conducted independently.

The scholars agreed that it is permissible to sell a pregnant animal or a milking one, and what she is carrying and the milk are subsequently included (in the sale), although they are unknown.

Similarly, the existence of a little amount unknown that does not lead to a dispute is forgiven in principle, as stated by Ibn Rushd (the grandson).

Finally, we recommend that you repel whispers and stop being preoccupied by them.

Allah knows best.

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