Sale with the condition of exemption from all defects
Machine translationRead the Arabic original
Question:
Honorable Shaykh, what is the ruling on a sale with the condition of exemption from all defects?
Answer:
This is not valid. If he does not know of a defect in it, the condition is valid. If he does not know of a defect and says, "Look, a defect appeared in it," or "Look, I did not know," this condition is valid. However, if he knows of a defect in it and makes the condition of exemption from all defects while knowing of the defect, the condition is not valid. The option to rescind the contract is established, because he knew and concealed it. Yes.
Honorable Shaykh, what is the ruling on a sale with the condition of exemption from all defects?
Answer:
This is not valid. If he does not know of a defect in it, the condition is valid. If he does not know of a defect and says, "Look, a defect appeared in it," or "Look, I did not know," this condition is valid. However, if he knows of a defect in it and makes the condition of exemption from all defects while knowing of the defect, the condition is not valid. The option to rescind the contract is established, because he knew and concealed it. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب حد القذف — islamhouse.com (1:13:20)
The Arabic text is a machine transcription of the audio recording.