If the seller stipulates exemption from all defects, and then a defect is found that the seller was unaware of, what is the ruling?
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Question:
He says: Honorable Shaykh, may Allah grant you success. If the seller stipulates exemption from all defects, and then it turns out that the goods have a defect that the seller did not know about at the time of the sale, is he thereby exempt?
Answer:
Yes. If he stipulates that he is exempt from defects, meaning that nothing will be held against him if a defect is found in the goods, then if he knew of a defect and concealed it, the buyer has the option. But if he did not know of a defect and stipulated exemption from defects of which he knew nothing, there is no harm in that, though people sell on this basis. Yes.
He says: Honorable Shaykh, may Allah grant you success. If the seller stipulates exemption from all defects, and then it turns out that the goods have a defect that the seller did not know about at the time of the sale, is he thereby exempt?
Answer:
Yes. If he stipulates that he is exempt from defects, meaning that nothing will be held against him if a defect is found in the goods, then if he knew of a defect and concealed it, the buyer has the option. But if he did not know of a defect and stipulated exemption from defects of which he knew nothing, there is no harm in that, though people sell on this basis. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1174 -2802] إذا اشترط البائع البراءة من كل عيب، ثم تبين أن فيها عيب لم يعلم به البائع، ما الحكم؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.