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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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My father has machines and he and his partners have decided to sell them. One of them has a defect. Is it a sin for me to sell it without informing the buyer of the defect, out of fear of my father’s anger?

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The questioner : My father has machines and he and his partners have decided to sell them. One of these machines has a defect. Is it a sin for me to sell it without informing the buyer of the defect, out of fear of my father’s anger? I hope for your guidance in this matter.

The Shaykh : It is not permissible for anyone to sell a defective item without disclosing its defect, because the Prophet (peace and blessings be upon him) passed by a food seller and put his hand in the food, and found moisture at the bottom. The Prophet (peace and blessings be upon him) said:
What is this? ما هذا؟
He said: “It was rained on, O Messenger of Allah!” He said:
Why did you not put it on top so that people could see it? هلا جعلته فوق ليراه الناس
or words to that effect. Then he said:
Whoever cheats, he is not one of us. من غش فليس منا
Jami` at-Tirmidhi 1315Sahih (Darussalam)
.
One who conceals a defect is like one who conceals a defect in a chain of narration, or even worse. Therefore, it is not permissible for you to sell this machine with the defect without disclosing it, even if your father orders you to sell it without disclosure. It is not permissible for you to obey him in this, because there is no obedience to a created being in disobedience to the Creator. You must advise him and make it clear to him that this is forbidden and that the earnings from it are forbidden. You should say to him: “I will disclose the defect, and the provision that Allah wills for you will come to you.” If he insists on not disclosing the defect, say to him: “I cannot sell it, because it is forbidden for me and forbidden for you as well. I am commanded to be dutiful to you, and part of being dutiful to you is preventing you from this injustice.” This is based on the saying of the Prophet (peace and blessings be upon him):
Help your brother, whether he is an oppressor or he is an oppressed one. انصر أخاك ظالماً أو مظلوما
Sahih al-Bukhari 2443
They said: “O Messenger of Allah! This is the oppressed one, but how do we help the oppressor?” He said:
Prevent him from wrongdoing, and that is how you support him تمنعه من الظلم فذلك نصره
Sunan al-Bayhaqi 7:37
.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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