What is the ruling on selling an item without disclosing its defects?
Machine translationRead the Arabic original
The questioner: Now, regarding the deception and fraud in medicine.
The Shaykh : Certainly.
The questioner: Deception and fraud in sales. A brother wrote in the newsletter about selling an item without disclosing its defects. The example given in the open market is that if you want to buy a car, the owner says, "I am selling it as a piece of iron," without specifying the defects. This is forbidden (haram) because it involves deception and fraud. I see the hadith, meaning this statement, and when he says to the merchant, "I am selling it to you as a pile of iron for half the price of the car," is this not considered disclosing the defect?
The Shaykh: No, my brother. Disclosing the defect is to say, "This engine is broken," or to say, for example, "The transmission is slipping." That is the name of disclosure.
The questioner: As for, as for.
The Shaykh: As for saying "a lump of iron," that is a lie because it is not a lump of iron. This is a lie that contradicts reality. But the ones who say about us in Syria, "The Jambazah," do you say you are Jambazah or not? You do not use it, meaning a type of trickery specific to sales. He tells you, "This is present," he knows that there is a defect. If the buyer of the car bought it, he would have to spend a lot of money to fix the defect, or he might not be able to fix it. He knows this fact, so he conceals it with the word, what? "A lump of iron." If it were a lump of iron, no one would pay these hundreds of dinars for this lump of iron.
The questioner: Yes, we will bring it to you.
The Shaykh: So the disclosure is by disclosing the reality, because there are hadiths that it is not permissible for a Muslim to sell a sale in which there is a defect unless he discloses it. This is when he tells you "a lump of iron," he conceals it and does not disclose it. And therefore, the statement you read is correct.
The questioner : May Allah reward you with good.
The Shaykh : May Allah reward you.
The questioner: May Allah keep you safe,
The Shaykh : Certainly.
The questioner: Deception and fraud in sales. A brother wrote in the newsletter about selling an item without disclosing its defects. The example given in the open market is that if you want to buy a car, the owner says, "I am selling it as a piece of iron," without specifying the defects. This is forbidden (haram) because it involves deception and fraud. I see the hadith, meaning this statement, and when he says to the merchant, "I am selling it to you as a pile of iron for half the price of the car," is this not considered disclosing the defect?
The Shaykh: No, my brother. Disclosing the defect is to say, "This engine is broken," or to say, for example, "The transmission is slipping." That is the name of disclosure.
The questioner: As for, as for.
The Shaykh: As for saying "a lump of iron," that is a lie because it is not a lump of iron. This is a lie that contradicts reality. But the ones who say about us in Syria, "The Jambazah," do you say you are Jambazah or not? You do not use it, meaning a type of trickery specific to sales. He tells you, "This is present," he knows that there is a defect. If the buyer of the car bought it, he would have to spend a lot of money to fix the defect, or he might not be able to fix it. He knows this fact, so he conceals it with the word, what? "A lump of iron." If it were a lump of iron, no one would pay these hundreds of dinars for this lump of iron.
The questioner: Yes, we will bring it to you.
The Shaykh: So the disclosure is by disclosing the reality, because there are hadiths that it is not permissible for a Muslim to sell a sale in which there is a defect unless he discloses it. This is when he tells you "a lump of iron," he conceals it and does not disclose it. And therefore, the statement you read is correct.
The questioner : May Allah reward you with good.
The Shaykh : May Allah reward you.
The questioner: May Allah keep you safe,
Source
سلسلة الهدى والنور، الشريط 1115 — al-albany.com (38:13)
The Arabic text is a machine transcription of the audio recording.