Selling the sold item without disclosing its defect
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The first question of Fatwa No. ( 4708 )
Q1: I am a vegetable merchant. I have a partner who bought 40 quintals of plums from a distance of 1000 km. When this plum was sold to the small merchants, it was found to be defective, as it all contained worms and was entirely unfit for eating. I am the one who sold it to the small merchants, and I did not know that it contained worms and was unfit for eating. As for my partner who brought this plum, he knew of its defect when it arrived at his shop,
and he did not inform me that all the plum was defective, except that he told me: some of the fruits contain worms. What is the ruling of the Shari'ah regarding this sale? What is the ruling regarding the small merchants who knew of the defect of the plum and then sold it?
A1: Selling a defective item without disclosing its defect is not permissible; because it is a type of deception about which the Messenger of Allah (peace and blessings be upon him) said:Sunan Ibn Majah 2225Da'if (Darussalam) , and it is established from the Prophet (peace and blessings be upon him) that he said: Mishkat al-Masabih 2802 , and it is obligatory upon the one who deceives and sells a defective item at the price of a sound one to repent to Allah (Glorified and Exalted is He), to regret his action, and not to return to it, and to seek forgiveness from the one he deceived, and to settle with him by returning what he is entitled to.
Q1: I am a vegetable merchant. I have a partner who bought 40 quintals of plums from a distance of 1000 km. When this plum was sold to the small merchants, it was found to be defective, as it all contained worms and was entirely unfit for eating. I am the one who sold it to the small merchants, and I did not know that it contained worms and was unfit for eating. As for my partner who brought this plum, he knew of its defect when it arrived at his shop,
and he did not inform me that all the plum was defective, except that he told me: some of the fruits contain worms. What is the ruling of the Shari'ah regarding this sale? What is the ruling regarding the small merchants who knew of the defect of the plum and then sold it?
A1: Selling a defective item without disclosing its defect is not permissible; because it is a type of deception about which the Messenger of Allah (peace and blessings be upon him) said:
Whoever cheats us is not one of us.
من غشنا فليس مناBoth parties in a business transaction have a right to annul it so long as they have not separated ; and if they tell the truth and make everything clear they will be blessed in their transaction, but if they conceal anything and lie the blessing on their transaction will be blotted out.
البيعان بالخيار ما لم يتفرقا فإن صدقا وبينا بورك لهما في بيعهما، وإن كتما وكذبا محقت بركة بيعهما
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.