Concealment by the seller of a defect that diminishes the value of the goods
Machine translationRead the Arabic original
Question 19 from Fatwa No. ( 19637 )
Q19: What is the ruling on selling an item that was a device or something else, which is broken or unfit for use, without disclosing this during the auction, and does the buyer have the right to return it after learning of this?
A19: If there is a defect in the goods that diminishes their value, or a deficiency in the item itself that results in the buyer being shortchanged; then it is forbidden for the seller to conceal it from the buyer. If the defect existed in the goods before the sale contract was concluded, and the buyer did not know of it until after the sale contract was completed, he has the option to either keep the item and take its compensation, which is the difference between its value when sound and its value when defective. The item is appraised as sound, then appraised as defective, and the buyer takes from the seller
the difference between the two values. He also has the option to return the item and take the price from the seller. This is known as the option of defect in sales. Evidence for this is what was narrated by 'Uqbah ibn 'Amir (may Allah be pleased with him), who said: I heard the Messenger of Allah (peace and blessings be upon him) say:Sunan Ibn Majah 2246Sahih (Darussalam) , reported by Imam Ahmad in his Musnad, and by Ibn Majah in his Sunan, vol. 2, p. 755. This is the wording of Ibn Majah, and it was reported by al-Bukhari in his Sahih, vol. 3, p. 10, as a mawquf report stopping at 'Uqbah ibn 'Amir with the wording: . Evidence for this is also what was reported by al-Bukhari in his Sahih from Hakim ibn Hizam (may Allah be pleased with him), who said: The Messenger of Allah (peace and blessings be upon him) said: Sahih al-Bukhari 2079 .
Q19: What is the ruling on selling an item that was a device or something else, which is broken or unfit for use, without disclosing this during the auction, and does the buyer have the right to return it after learning of this?
A19: If there is a defect in the goods that diminishes their value, or a deficiency in the item itself that results in the buyer being shortchanged; then it is forbidden for the seller to conceal it from the buyer. If the defect existed in the goods before the sale contract was concluded, and the buyer did not know of it until after the sale contract was completed, he has the option to either keep the item and take its compensation, which is the difference between its value when sound and its value when defective. The item is appraised as sound, then appraised as defective, and the buyer takes from the seller
the difference between the two values. He also has the option to return the item and take the price from the seller. This is known as the option of defect in sales. Evidence for this is what was narrated by 'Uqbah ibn 'Amir (may Allah be pleased with him), who said: I heard the Messenger of Allah (peace and blessings be upon him) say:
The Muslim is the brother of another Muslim, and it is not permissible for a Muslim to sell his brother goods in which there is a defect, without pointing that out to him.
المسلم أخو المسلم، ولا يحل لمسلم باع من أخيه بيعًا فيه عيب إلا بيَّنه لهIt is not permissible for a man who sells a commodity knowing that it has a disease to not inform him
لا يحل لامرئ يبيع سلعة يعلم أن بها داءً إلا أخبرهThe seller and the buyer have the right to keep or return goods as long as they have not parted or till they part; and if both the parties spoke the truth and described the defects and qualities (of the goods), then they would be blessed in their transaction, and if they told lies or hid something, then the blessings of their transaction would be lost.
البيعان بالخيار ما لم يتفرقا -أو قال- حتى 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.