The obligation to disclose defects by the seller.
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The Shaykh : Now, this is what concerns selling. Every one of us, when he sells, must fear Allah the Mighty and Majestic, and he must be clear and truthful so that Allah blesses him in his sale, based on the saying of the Prophet (peace and blessings be upon him): Sahih Muslim 1532a Be truthful and do not say: "This merchandise is good" when it is defective. Do not conceal the defect from it when it has a defect. For this reason, we say: There is no doubt that among the types of deception is what is known as selling under the cover. And what is selling under the cover? It is those who sell cars. The car comes, and he sells it and says to the buyer: "Look, I am not selling you anything but the tires or the rims. You cannot demand any defect from me."
The buyer may have been attracted to the car and says: "There is no problem, I will buy it on the condition that it has no defects other than the tires and the rims." This is forbidden if the seller knows the defect in it. He must disclose it, and he should not say: "I sold it to him with his consent," because if he had truly known the defect, he would not have bought it. But they conceal the defect and force the buyer to accept what he did not agree to, namely that he cannot return it. Now, if someone bought the car on this basis, and then a defect was found in it, and it was established that the seller knew about this defect, does the buyer have the option? The answer is yes, he has the option. If the seller says: "I sold it to him and he committed to it," we say: But you deceived him. If you had sold it for ten thousand, and he had known the defect, he would not have bought it, not even for eight thousand. But he bought it for ten thousand as a risk. So the seller has committed a sin, and the buyer, if he proves that the seller knew the defect and concealed it from the buyer, has the right to return it and take his money.
So the seller must fear Allah the Mighty and Majestic, be truthful, and be clear so that Allah blesses him in his sale. If he lies and says: "I bought it for one hundred," when he only bought it for eighty, the blessing of his sale is destroyed. Or if he conceals a defect, knowing that it has a defect but concealing it, the blessing of the sale is destroyed. If someone says: We find people who sell and buy with lies, fraud, and deception, and yet their wealth grows and increases. We say: This does not indicate Allah's pleasure with them, rather إن الله يملي للظالم حتى إذا أخذه لم يفلته، وتلا النبي صلى الله عليه وسلم قول الله تعالى : وَكَذَلِكَ أَخْذُ رَبِّكَ إِذَا أَخَذَ الْقُرَى وَهِيَ ظَالِمَةٌ إِنَّ أَخْذَهُ أَلِيمٌ شَدِيد .
ونقتصر على هذا القدر مما تكلمنا عليه فيما يتعلق بالبيوع، وإلى لقاء قادم إن شاء الله تعالى، ولنتفرغ الآن إلى الإجابة على الأسئلة، ونسأل الله أن يوفقنا للصواب . Indeed, Allah gives the wrongdoer respite until when He seizes him, He does not let him go. And the Prophet (peace and blessings be upon him) recited the saying of Allah the Exalted: "And thus is the seizure of your Lord when He seizes the towns while they are wrongdoers. Indeed, His seizure is painful and severe." We will stop at this extent of what we have spoken about regarding sales. Until a future meeting, if Allah wills. Now let us devote ourselves to answering the questions, and we ask Allah to grant us success in the truth.
Both parties in a business transaction have the right to annul it so long as they have not separated; and if they speak the truth and make everything clear they will be blessed in their transaction; but if they tell a lie and conceal anything the blessing on their transaction will be blotted out.
البيعان بالخيار ما لم يتفرقا، فإن صدقا وبينا بورك لهما في بيعهما، وإن كذبا وكتما محقت بركة بيعهماThe buyer may have been attracted to the car and says: "There is no problem, I will buy it on the condition that it has no defects other than the tires and the rims." This is forbidden if the seller knows the defect in it. He must disclose it, and he should not say: "I sold it to him with his consent," because if he had truly known the defect, he would not have bought it. But they conceal the defect and force the buyer to accept what he did not agree to, namely that he cannot return it. Now, if someone bought the car on this basis, and then a defect was found in it, and it was established that the seller knew about this defect, does the buyer have the option? The answer is yes, he has the option. If the seller says: "I sold it to him and he committed to it," we say: But you deceived him. If you had sold it for ten thousand, and he had known the defect, he would not have bought it, not even for eight thousand. But he bought it for ten thousand as a risk. So the seller has committed a sin, and the buyer, if he proves that the seller knew the defect and concealed it from the buyer, has the right to return it and take his money.
So the seller must fear Allah the Mighty and Majestic, be truthful, and be clear so that Allah blesses him in his sale. If he lies and says: "I bought it for one hundred," when he only bought it for eighty, the blessing of his sale is destroyed. Or if he conceals a defect, knowing that it has a defect but concealing it, the blessing of the sale is destroyed. If someone says: We find people who sell and buy with lies, fraud, and deception, and yet their wealth grows and increases. We say: This does not indicate Allah's pleasure with them, rather إن الله يملي للظالم حتى إذا أخذه لم يفلته، وتلا النبي صلى الله عليه وسلم قول الله تعالى : وَكَذَلِكَ أَخْذُ رَبِّكَ إِذَا أَخَذَ الْقُرَى وَهِيَ ظَالِمَةٌ إِنَّ أَخْذَهُ أَلِيمٌ شَدِيد .
ونقتصر على هذا القدر مما تكلمنا عليه فيما يتعلق بالبيوع، وإلى لقاء قادم إن شاء الله تعالى، ولنتفرغ الآن إلى الإجابة على الأسئلة، ونسأل الله أن يوفقنا للصواب . Indeed, Allah gives the wrongdoer respite until when He seizes him, He does not let him go. And the Prophet (peace and blessings be upon him) recited the saying of Allah the Exalted: "And thus is the seizure of your Lord when He seizes the towns while they are wrongdoers. Indeed, His seizure is painful and severe." We will stop at this extent of what we have spoken about regarding sales. Until a future meeting, if Allah wills. Now let us devote ourselves to answering the questions, and we ask Allah to grant us success in the truth.