If the buyer finds a defect in the merchandise, is it obligatory for the seller to return the price?
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The questioner : Praise be to Allah, and may peace and blessings be upon the Messenger of Allah.
Your Eminence, some sellers, particularly of electrical appliances, sell the device to the buyer. If he finds a malfunction after taking it home, even if it is major, or even if it is completely inoperable, the seller refuses to take it back or replace it.
The Shaykh : The seller refuses.
The questioner : Yes, and he refers the buyer to a maintenance company with which he is affiliated for repair. Is he entitled to do so? May Allah reward you.
The Shaykh : Yes, this issue relates to the waiver of defects. The waiver of defects is permissible. That is, if the seller says to the buyer, "I do not know about the merchandise, and I am free from any defect in it," and the buyer says, "Yes," then the condition is binding. If any defect is found in it, the buyer is not entitled to return it, and it cannot be returned to the seller. The seller may refuse, and he owes nothing. However, if the seller knows of the defect in the merchandise but intends to deceive the buyer and says, "I am not selling you anything but this frame, and I am not bound by it," this is forbidden and not permissible. This is the stronger opinion in this matter. 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, as reported from the Companions (may Allah be pleased with them), as mentioned by Shaykh al-Islam Ibn Taymiyyah, is the first one: if the seller knows of the defect but deceives the buyer and conceals it, making the matter ambiguous for him, then if the buyer finds a defect, he has the right to return it. But if the seller does not know, there is no harm in waiving it. It appears that these appliances are not known to be returned to the sellers, and they sell them this way. However, the buyer should be cautious and decisive, and say to the seller, "Test it now in front of me," so that no ambiguity remains in the matter. Yes.
The questioner : Saying: "Allah said."
The Shaykh : You did not say that I have anything beyond you at the beginning. Fine.
The questioner : You are exceeding me, but I did not say anything.
The Shaykh : That is enough, meaning you have nothing, unless they allow you, then you allow him. Fine.
Your Eminence, some sellers, particularly of electrical appliances, sell the device to the buyer. If he finds a malfunction after taking it home, even if it is major, or even if it is completely inoperable, the seller refuses to take it back or replace it.
The Shaykh : The seller refuses.
The questioner : Yes, and he refers the buyer to a maintenance company with which he is affiliated for repair. Is he entitled to do so? May Allah reward you.
The Shaykh : Yes, this issue relates to the waiver of defects. The waiver of defects is permissible. That is, if the seller says to the buyer, "I do not know about the merchandise, and I am free from any defect in it," and the buyer says, "Yes," then the condition is binding. If any defect is found in it, the buyer is not entitled to return it, and it cannot be returned to the seller. The seller may refuse, and he owes nothing. However, if the seller knows of the defect in the merchandise but intends to deceive the buyer and says, "I am not selling you anything but this frame, and I am not bound by it," this is forbidden and not permissible. This is the stronger opinion in this matter. 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, as reported from the Companions (may Allah be pleased with them), as mentioned by Shaykh al-Islam Ibn Taymiyyah, is the first one: if the seller knows of the defect but deceives the buyer and conceals it, making the matter ambiguous for him, then if the buyer finds a defect, he has the right to return it. But if the seller does not know, there is no harm in waiving it. It appears that these appliances are not known to be returned to the sellers, and they sell them this way. However, the buyer should be cautious and decisive, and say to the seller, "Test it now in front of me," so that no ambiguity remains in the matter. Yes.
The questioner : Saying: "Allah said."
The Shaykh : You did not say that I have anything beyond you at the beginning. Fine.
The questioner : You are exceeding me, but I did not say anything.
The Shaykh : That is enough, meaning you have nothing, unless they allow you, then you allow him. Fine.