Ruling on the waiver of defects
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His Eminence the Shaykh: Some sellers, particularly of electrical appliances, sell the device to the buyer, and if a defect is found after he takes it home, even if it is major, or even if it is completely inoperable, the seller refuses to take it back or replace it, and refers him to a maintenance company with which he is affiliated for repair. Is he entitled to do so? May Allah reward you.
Yes, this issue falls under the waiver of defects, and the waiver of defects is permissible.Meaning: If the seller says to the buyer: "I do not know about the goods, and I am free from any defect in them,"So the buyer said: Yes, the condition is binding on him. So if any defect is found in them, he is not entitled to return them, and he cannot return them to the seller. The seller may refuse, and he owes nothing.
As for if the seller knows of a defect in the goods but wants to deceive the buyer and says to him: "I am not selling you anything but this frame, and I am not bound by it," then this is forbidden and not permissible. This is the stronger opinion in this issue.
And some scholars say: If he waives the defect after the contract, he is free from it, even if the seller was aware of it. But if he waives it before the contract, he is not free from it, whether the seller was ignorant or aware.
The correct view, which came from the Companions (may Allah be pleased with them)—as mentioned by the Shaykh al-Islam Ibn Taymiyyah—He is: is the first one, which is that if the seller knows of the defect but deceives the buyer and conceals it, making the matter ambiguous for him, then the buyer, if he finds a defect, has the right to return it. But if he does not know, there is no harm in waiving it from him.
And the apparent view is: These appliances are such that their condition is not known; they come to the sellers and they sell them as is; but the buyer should be cautious and decisive, and say to the seller: "Test it now in front of me, so that there is no ambiguity in the matter."
Yes, this issue falls under the waiver of defects, and the waiver of defects is permissible.Meaning: If the seller says to the buyer: "I do not know about the goods, and I am free from any defect in them,"So the buyer said: Yes, the condition is binding on him. So if any defect is found in them, he is not entitled to return them, and he cannot return them to the seller. The seller may refuse, and he owes nothing.
As for if the seller knows of a defect in the goods but wants to deceive the buyer and says to him: "I am not selling you anything but this frame, and I am not bound by it," then this is forbidden and not permissible. This is the stronger opinion in this issue.
And some scholars say: If he waives the defect after the contract, he is free from it, even if the seller was aware of it. But if he waives it before the contract, he is not free from it, whether the seller was ignorant or aware.
The correct view, which came from the Companions (may Allah be pleased with them)—as mentioned by the Shaykh al-Islam Ibn Taymiyyah—He is: is the first one, which is that if the seller knows of the defect but deceives the buyer and conceals it, making the matter ambiguous for him, then the buyer, if he finds a defect, has the right to return it. But if he does not know, there is no harm in waiving it from him.
And the apparent view is: These appliances are such that their condition is not known; they come to the sellers and they sell them as is; but the buyer should be cautious and decisive, and say to the seller: "Test it now in front of me, so that there is no ambiguity in the matter."