What is obligatory upon the two parties in a sale
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Fatwa number ( 18154 )
Q: We have a farm that is crossed by a watercourse from west to east, which is made of cement concrete and hidden underground,
and it has exposed inspection chambers. When the flood comes, it causes damage to the farm. Is this a legal defect that obligates me to inform the buyer about this watercourse if I want to sell it, or am I selling it as a normal matter and not informing the buyer? Please issue a ruling for me, may Allah reward you with good and make the highest level of Paradise your abode.
A: It is obligatory upon the two parties in a sale to be truthful in their sale, and it is not permissible for them to conceal any defect in the item sold or the price; because the defect reduces the value, and because of the deception and fraud involved. And the Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 2225Da'if (Darussalam)
Q: We have a farm that is crossed by a watercourse from west to east, which is made of cement concrete and hidden underground,
and it has exposed inspection chambers. When the flood comes, it causes damage to the farm. Is this a legal defect that obligates me to inform the buyer about this watercourse if I want to sell it, or am I selling it as a normal matter and not informing the buyer? Please issue a ruling for me, may Allah reward you with good and make the highest level of Paradise your abode.
A: It is obligatory upon the two parties in a sale to be truthful in their sale, and it is not permissible for them to conceal any defect in the item sold or the price; because the defect reduces the value, and because of the deception and fraud involved. And the Prophet (peace and blessings be upon him) said:
Whoever cheats us is not one of us.
من غشنا فليس منا
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.