The believers are bound by their conditions.
Machine translationRead the Arabic original
There is a person who has a spare parts shop. Another person came to him and took a part from him to repair his car, and then he returned it after using it.The shop owner said: I do not accept this part because it is stained with oil and so on, on the basis that no other person will come and lose out?The Shaykh: Meaning he bought a spare part from him and then installed it in the car?The questioner: No.
He returned it on the basis that it did not fit, whereas it was originally supposed to fit. The shop owner refused to take the part back.
So he says: This person cursed him because he did not accept the part, and they gave him a replacement, so he is asking, saying: Did I wrong him or something like that?The Shaykh: Was there a condition between them that if he bought this part to install it in the car, then if it fit, he would keep it, and if not, he would return it to him?The questioner: I do not know.
The Shaykh: If there was a condition between them that if it fit in the car, he would take it, and if not, he would return it, then he has the right to return it, and the shop owner has no right to refuse to accept the return; rather, it is obligatory for him to accept the return.
As for if there was no condition between them, but he—the car owner—saw that this part would fit his car and bought it without a condition, then the shop owner who sold it has the right to refuse the return.
The questioner: The shop owner will lose the part now.
The Shaykh: Will he lose it or not? The questioner: He took it on the basis that it would fit in it, a person before him took the same part and after that, and it all fit, and they did not return it. The Shaykh: In any case, my answer is clear, and the application is up to you. As long as he took it on the basis that he wanted to install it in the car, then if it fit, he would keep it, and if not, he would return it, then the owner of the part who sold it has no right to refuse to accept it. And if he did not stipulate a condition, then it belongs to him, and the shop owner who sold it is not obligated to accept it.But better than this is that they reconcile, saying: Take it, and I will guarantee any deficiency if there is a deficiency in it.
He returned it on the basis that it did not fit, whereas it was originally supposed to fit. The shop owner refused to take the part back.
So he says: This person cursed him because he did not accept the part, and they gave him a replacement, so he is asking, saying: Did I wrong him or something like that?The Shaykh: Was there a condition between them that if he bought this part to install it in the car, then if it fit, he would keep it, and if not, he would return it to him?The questioner: I do not know.
The Shaykh: If there was a condition between them that if it fit in the car, he would take it, and if not, he would return it, then he has the right to return it, and the shop owner has no right to refuse to accept the return; rather, it is obligatory for him to accept the return.
As for if there was no condition between them, but he—the car owner—saw that this part would fit his car and bought it without a condition, then the shop owner who sold it has the right to refuse the return.
The questioner: The shop owner will lose the part now.
The Shaykh: Will he lose it or not? The questioner: He took it on the basis that it would fit in it, a person before him took the same part and after that, and it all fit, and they did not return it. The Shaykh: In any case, my answer is clear, and the application is up to you. As long as he took it on the basis that he wanted to install it in the car, then if it fit, he would keep it, and if not, he would return it, then the owner of the part who sold it has no right to refuse to accept it. And if he did not stipulate a condition, then it belongs to him, and the shop owner who sold it is not obligated to accept it.But better than this is that they reconcile, saying: Take it, and I will guarantee any deficiency if there is a deficiency in it.