The Difference Between the Right of Defect and the Right of Deception
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah preserve you, what is the difference between the right of defect (khiyar al-'ayb) and the right of deception (khiyar al-tadlis)? And between the defect and the deception? Especially since the jurists mentioned that deception is concealing the defect. Deception occurs by beautifying, improving, and displaying the merchandise in a certain way.
Answer:
As for the defect, there is no deception involved with it. It may be a hidden defect that they did not know about, and there was no indication of it, and the defect was not known. It is a hidden defect. There is a difference between deception and this. Deception is intentionally concealing the defect and displaying the merchandise with a sound appearance when it is not so. As for the right of defect, the defect may not be known; neither the seller nor the buyer knows about it. Or it becomes apparent later? Yes.
He says: Honorable Shaykh, may Allah preserve you, what is the difference between the right of defect (khiyar al-'ayb) and the right of deception (khiyar al-tadlis)? And between the defect and the deception? Especially since the jurists mentioned that deception is concealing the defect. Deception occurs by beautifying, improving, and displaying the merchandise in a certain way.
Answer:
As for the defect, there is no deception involved with it. It may be a hidden defect that they did not know about, and there was no indication of it, and the defect was not known. It is a hidden defect. There is a difference between deception and this. Deception is intentionally concealing the defect and displaying the merchandise with a sound appearance when it is not so. As for the right of defect, the defect may not be known; neither the seller nor the buyer knows about it. Or it becomes apparent later? Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/87 شرح زاد المستقنع/ صالح الفوزان — youtube.com (59:18)
The Arabic text is a machine transcription of the audio recording.
