The seller writing the phrase "goods are not returnable or exchangeable"
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Fatwa number ( 13788 )
Q: What is the ruling in the Shari'ah regarding the phrase: "The goods sold are not returnable or exchangeable" which some shop owners write on the invoices they issue, and is this condition permissible in the Shari'ah, and what is your advice regarding this matter?
A: Selling an item on the condition that it is not returnable or exchangeable is not permissible; because it is an invalid condition; due to the harm and deception involved, and because the seller's intention with this condition is to force the buyer to accept the goods even if they are defective, and this condition does not absolve him of the defects present in the item; because if it is defective, he has the right to exchange it for non-defective goods, or the buyer may take compensation for the defect. And because the full price is the equivalent of a sound item, and the seller taking the price while a defect exists is taking it without right. And because the Shari'ah established the customary condition like the verbal one, and that is for the sake of soundness from defects so that it is permissible for him to return it upon the existence of a defect, by applying the customary condition of the soundness of the sold item to the level of a verbal condition.
The existence of a defect means taking [the price] without right. And because the Shari'ah established the customary condition like the verbal one, and that is for the sake of soundness from defects so that it is permissible for him to return it upon the existence of a defect, by applying the customary condition of the soundness of the sold item to the level of a verbal condition.
Q: What is the ruling in the Shari'ah regarding the phrase: "The goods sold are not returnable or exchangeable" which some shop owners write on the invoices they issue, and is this condition permissible in the Shari'ah, and what is your advice regarding this matter?
A: Selling an item on the condition that it is not returnable or exchangeable is not permissible; because it is an invalid condition; due to the harm and deception involved, and because the seller's intention with this condition is to force the buyer to accept the goods even if they are defective, and this condition does not absolve him of the defects present in the item; because if it is defective, he has the right to exchange it for non-defective goods, or the buyer may take compensation for the defect. And because the full price is the equivalent of a sound item, and the seller taking the price while a defect exists is taking it without right. And because the Shari'ah established the customary condition like the verbal one, and that is for the sake of soundness from defects so that it is permissible for him to return it upon the existence of a defect, by applying the customary condition of the soundness of the sold item to the level of a verbal condition.
The existence of a defect means taking [the price] without right. And because the Shari'ah established the customary condition like the verbal one, and that is for the sake of soundness from defects so that it is permissible for him to return it upon the existence of a defect, by applying the customary condition of the soundness of the sold item to the level of a verbal condition.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.