The ruling on concealing a defect in a car when selling it
Machine translationRead the Arabic original
Question:
Honorable Shaykh, a person wants to sell his car and knows that it has a defect that affects it. He asked about it, wanting to see if there is something done to it that affects it, but he did not find what he wanted to come to him, nor does he like it because of that.
Answer:
No, he must disclose the knowledge. They say now that they lie until their minds [are affected], saying that it is not fit for use, that it is a pile of iron, and that if it moves, we need to plant [something], and so on. This is empty talk. It is not permissible. It is obligatory to disclose the defects it has. It is not enough for you to generalize and say, "The car has defects," "The car is not fit for use," "The car is a pile of iron." All of this is empty talk with no value until you disclose [the specific defects]. The Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 2110. Yes.
Honorable Shaykh, a person wants to sell his car and knows that it has a defect that affects it. He asked about it, wanting to see if there is something done to it that affects it, but he did not find what he wanted to come to him, nor does he like it because of that.
Answer:
No, he must disclose the knowledge. They say now that they lie until their minds [are affected], saying that it is not fit for use, that it is a pile of iron, and that if it moves, we need to plant [something], and so on. This is empty talk. It is not permissible. It is obligatory to disclose the defects it has. It is not enough for you to generalize and say, "The car has defects," "The car is not fit for use," "The car is a pile of iron." All of this is empty talk with no value until you disclose [the specific defects]. The Prophet (peace and blessings be upon him) said:
The buyer and the seller have the option of canceling or confirming the bargain unless they separate, and if they spoke the truth and made clear the defects of the goods, them they would be blessed in their bargain, and if they told lies and hid some facts, their bargain would be deprived of Allah's blessings.
البيعان بالخيار ما لم يتبرقا فان صدقا وبين بورك لهما في بيعهما وان كذب وكتما محقت بركه بيعهما
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تابع باب شروطه وما نهي عنه منه - 4 — islamhouse.com (42:10)
The Arabic text is a machine transcription of the audio recording.
