The ruling on a seller stipulating that the buyer is not guaranteed against loss or deficiency of the fruit if it is destroyed or diminished by a calamity
Machine translationRead the Arabic original
Question : when.
Answer : Yes, indeed, meaning perhaps he will be a teacher, but in any case, if a seller fears that the fruit he sold will be spoiled and says to the buyer, “I do not guarantee you against the fruit being diminished if it is destroyed by a calamity or if it is diminished,” then this condition is invalid. Every condition that is not in the Book of Allah is invalid, even if it is stipulated a hundred times. Yes, if I said that the defect is currently present, and the seller said, “I stipulate that you do not return to me with this defect,”
then he has a condition: if the defect increases, he has no claim, meaning the buyer has no claim. But if it is spoiled by something else, or destroyed by something else, then the loss is upon him. Is this clear, everyone? Yes, and go back to your place. Now, explain it to your brothers.
Good, correct. Now, if he stipulates that there is no guarantee on him, and there is no defect in the fruit—the fruit currently has no defect—we said this condition is not valid because it contradicts the hadith, and because it is gambling (maysir). Because if it is said that if something happens to it, you do not return, then the price will be diminished. And if nothing happens to it, the buyer becomes the gainer. And if something happens to it, it is the opposite. So it is gambling.
Answer : Yes, indeed, meaning perhaps he will be a teacher, but in any case, if a seller fears that the fruit he sold will be spoiled and says to the buyer, “I do not guarantee you against the fruit being diminished if it is destroyed by a calamity or if it is diminished,” then this condition is invalid. Every condition that is not in the Book of Allah is invalid, even if it is stipulated a hundred times. Yes, if I said that the defect is currently present, and the seller said, “I stipulate that you do not return to me with this defect,”
then he has a condition: if the defect increases, he has no claim, meaning the buyer has no claim. But if it is spoiled by something else, or destroyed by something else, then the loss is upon him. Is this clear, everyone? Yes, and go back to your place. Now, explain it to your brothers.
Good, correct. Now, if he stipulates that there is no guarantee on him, and there is no defect in the fruit—the fruit currently has no defect—we said this condition is not valid because it contradicts the hadith, and because it is gambling (maysir). Because if it is said that if something happens to it, you do not return, then the price will be diminished. And if nothing happens to it, the buyer becomes the gainer. And if something happens to it, it is the opposite. So it is gambling.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [4162] حكم اشتراط البائع للمشتري عدم الضمان إن حصل للثمرة تلف أو نقص عند الجوائح -تعليقات على الكافي — youtube.com
The Arabic text is a machine transcription of the audio recording.
