The Ruling on Selling a Defective Car
Machine translationRead the Arabic original
Question:
This questioner sent this long question, the summary of which is: Honorable Shaykh, he says: A person sold his car to another for a certain amount, and they agreed and all went to inspect the car. The result of the inspection was positive, and the two parties completed the transaction and wrote the contract. Three months after they parted ways, the buyer called the seller and informed him that there was a defect in the car, and that if he wanted to sell it, he would have to lower the price. He asked the original seller that if he sold the car and the value fell below the price he paid for it, the original seller must make up the difference so that it reaches the original value. It is known that the seller did not know about the defect mentioned by the buyer, as the car had been with him for seven years.
Answer:
This is a contradiction. How can he say, "We inspected it," and the seller found nothing in it, and then a defect was found in it afterwards? It is more likely that it happened to it with him after he received it. However, this is a dispute in reality, and they should return to the Sharia court regarding it. If the seller is lenient with him and waives the sale and takes back the car, there is no harm in that. As for the aspect of compulsion, this is referred to the court. Yes.
The presenter:
May Allah reward you.
This questioner sent this long question, the summary of which is: Honorable Shaykh, he says: A person sold his car to another for a certain amount, and they agreed and all went to inspect the car. The result of the inspection was positive, and the two parties completed the transaction and wrote the contract. Three months after they parted ways, the buyer called the seller and informed him that there was a defect in the car, and that if he wanted to sell it, he would have to lower the price. He asked the original seller that if he sold the car and the value fell below the price he paid for it, the original seller must make up the difference so that it reaches the original value. It is known that the seller did not know about the defect mentioned by the buyer, as the car had been with him for seven years.
Answer:
This is a contradiction. How can he say, "We inspected it," and the seller found nothing in it, and then a defect was found in it afterwards? It is more likely that it happened to it with him after he received it. However, this is a dispute in reality, and they should return to the Sharia court regarding it. If the seller is lenient with him and waives the sale and takes back the car, there is no harm in that. As for the aspect of compulsion, this is referred to the court. Yes.
The presenter:
May Allah reward you.
Source
نور على الدرب - الفوزان - 02/249 — archive.org (16:31)
The Arabic text is a machine transcription of the audio recording.