Is a sale valid if there is deception by the seller?
Machine translationRead the Arabic original
Question : A man deceived a person. He tricked him regarding eggs. Is the sale valid or invalid?
Answer : Yes. The sale is valid, because he prohibited deception. Therefore, if the deceived person accepts this sale, the sale is valid. The Prophet (peace and blessings be upon him) said: Bulugh al-Maram 7:33 He did not say that the purchase is invalid.
Rather, he validated the purchase and gave the option to whom? To this deceived person, to this buyer, I mean the one from whom the deception was received, the one who was tricked. Pay attention to this point: there is a difference between when the prohibition is directed at the act itself or at things external to it. If it is directed at the act itself, then there is no doubt that it is rejected, because if you validated it, that would be opposing Allah and His Messenger. But if it is directed at an external matter, the act remains valid, and the sin lies in the act you performed, which is forbidden.
Answer : Yes. The sale is valid, because he prohibited deception. Therefore, if the deceived person accepts this sale, the sale is valid. The Prophet (peace and blessings be upon him) said:
(peace and blessings be upon him) Do not buy the imported goods. The imported goods are what the Bedouins bring to the city.
صلى الله عليه وسلم لا تلقوا الجلب، الجلب هو الذي يأتي به الأعراب إلى البلدWhoever has done so and bought some of it, when its owner comes to the market he has the choice
من المواشي والأطعمة وغير ذلك، فمن تلقى فاشترى منه، فإذا أتى سيده السوق فهو بالخيار،Rather, he validated the purchase and gave the option to whom? To this deceived person, to this buyer, I mean the one from whom the deception was received, the one who was tricked. Pay attention to this point: there is a difference between when the prohibition is directed at the act itself or at things external to it. If it is directed at the act itself, then there is no doubt that it is rejected, because if you validated it, that would be opposing Allah and His Messenger. But if it is directed at an external matter, the act remains valid, and the sin lies in the act you performed, which is forbidden.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 253 - 336 هل يصح البيع إذا حصل غش من البائع؟ - الشيخ ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.