The Obligation to Disclose the Defect of the Goods by the Agent and the Broker
Machine translationRead the Arabic original
The questioner:
And other than that, if you spread it to his hand and take it for Allah, this is a change before them between you and them.
The Shaykh:
What is all knowledge in?
The questioner:
That he should be shy that it is also a renewed matter, so do you want me to go out from any prince to you?
The Shaykh:
If the goods are yours and one person is selling them, you must disclose the defect in them, you must disclose the defect in them. Do not say, "I did not investigate the sale, nor did I know about the sale, and this is the agent." This is not permissible. The owner of the goods is required to disclose it, and likewise the agent and the broker are required to disclose what is in the goods. Even if the owner tells him, "Do not disclose it," it is not permissible for him to obey him; it is not permissible to obey him, because this is a sin, and there is no obedience to a created being in disobedience to the Creator.
If he sees that they are concealing it, he must disclose it, because this is forbidding what is wrong. The Prophet (peace and blessings be upon him), as you know, put his hand in the food and said, "What is this?" So if you know that the goods have a defect and that the owner is concealing it and knows it, it is obligatory upon you to disclose it, and this is forbidding what is wrong. Yes.
And other than that, if you spread it to his hand and take it for Allah, this is a change before them between you and them.
The Shaykh:
What is all knowledge in?
The questioner:
That he should be shy that it is also a renewed matter, so do you want me to go out from any prince to you?
The Shaykh:
If the goods are yours and one person is selling them, you must disclose the defect in them, you must disclose the defect in them. Do not say, "I did not investigate the sale, nor did I know about the sale, and this is the agent." This is not permissible. The owner of the goods is required to disclose it, and likewise the agent and the broker are required to disclose what is in the goods. Even if the owner tells him, "Do not disclose it," it is not permissible for him to obey him; it is not permissible to obey him, because this is a sin, and there is no obedience to a created being in disobedience to the Creator.
If he sees that they are concealing it, he must disclose it, because this is forbidding what is wrong. The Prophet (peace and blessings be upon him), as you know, put his hand in the food and said, "What is this?" So if you know that the goods have a defect and that the owner is concealing it and knows it, it is obligatory upon you to disclose it, and this is forbidding what is wrong. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تابع باب شروطه وما نهي عنه منه - 4 — islamhouse.com (50:54)
The Arabic text is a machine transcription of the audio recording.
