If the seller does not allow the buyer to inspect the goods, is this a reason to return them if a defect is found?
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The questioner : ...they do not allow the questioner to inspect the goods, such as in the sale of cars. Does this mean it is a reason to return the goods... a defect, he said, take it.
The Shaykh : This requires a distinction. If the seller says to the buyer, "I am free from any defect in it," then if a defect is found, he does not return it because he has accepted that. But is it permissible for the seller to stipulate this condition while knowing that there is a defect in it? The correct view is that it is not permissible, and that if there is a defect, he should disclose it. This is because there is a difference between the defect becoming apparent to the buyer and it being concealed from him. If the defect becomes apparent to the buyer, he buys it at the price of a defective item. If it is concealed from him, he will be taking a risk. Its value will be between that of a sound item and a defective one, and this constitutes deception of him. Yes.
The questioner : If it is concealed from him, you mentioned a division...
The Shaykh : If it is concealed from him, meaning he knows there is a defect in it and says, "I am free from the defects." But if he does not know, as if he bought the car now and does not know about the defects in it, there is no harm in stipulating it.
The questioner : ..
The Shaykh : But the buyer has accepted. The return due to a defect is if he did not accept. Yes.
The Shaykh : This requires a distinction. If the seller says to the buyer, "I am free from any defect in it," then if a defect is found, he does not return it because he has accepted that. But is it permissible for the seller to stipulate this condition while knowing that there is a defect in it? The correct view is that it is not permissible, and that if there is a defect, he should disclose it. This is because there is a difference between the defect becoming apparent to the buyer and it being concealed from him. If the defect becomes apparent to the buyer, he buys it at the price of a defective item. If it is concealed from him, he will be taking a risk. Its value will be between that of a sound item and a defective one, and this constitutes deception of him. Yes.
The questioner : If it is concealed from him, you mentioned a division...
The Shaykh : If it is concealed from him, meaning he knows there is a defect in it and says, "I am free from the defects." But if he does not know, as if he bought the car now and does not know about the defects in it, there is no harm in stipulating it.
The questioner : ..
The Shaykh : But the buyer has accepted. The return due to a defect is if he did not accept. Yes.