Explanation of the author's statement: "And if he sold it and stipulated exemption from every unknown defect, he is not exempted"
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The Shaykh : And if he sold it, pay attention to the following issue, if you are one of the owners of car showrooms.
He said "And if he sold it and stipulated exemption from every unknown defect, he is not exempted" "If he sold it" meaning he sold him something and said, "On the condition that I am exempted from every unknown defect," and the buyer said, "Yes, you are exempted." This condition is not valid. If the buyer finds a defect in it, he has the right to return it. The seller says, "I stipulated that you would be patient with every defect in it." We say, "No, this is an invalid condition. Why? They said that the right to return due to a defect is not established until after the contract, and this was stipulated with the contract, so it is not valid. Do you understand this? Good. And if the exemption is stipulated after the contract, meaning after he sold it, he says, "I have exempted you from every defect," then the exemption is valid. Do you understand, 'Aqil? Good. And the rest?
The questioner : Yes.
Another questioner: This is not clear.
The Shaykh : Good, he sold him the car, he sold him the car on the condition that he would be exempted from every defect. Who stipulated that?
The questioner : The seller.
The Shaykh : The seller said, "I have exempted you," so the condition here is not valid. If the buyer finds a defect in it, he returns it. Good, did he not exempt him? We say he exempted him before the right to return was established for him, because the right to return is only established after the contract. Until now, it has not entered the buyer's ownership. If he bought it and then exempted him, meaning the seller exempted him from every defect, the exemption is valid because he now owns it and owns the right to return it. Good. If he sold it and after the sale said, "By Allah, I am afraid there may be defects in it," the seller says, "I have exempted you from every defect," then the exemption is valid because he now owns it and owns the right to return due to a defect if there is one, and he has waived it. This is the detail in this issue according to the well-known position of the school of jurisprudence. On this basis, those who sell in car showrooms and shout, "Look, I will not sell it to you except for the body, there is nothing else," how much will he sell it for? For twenty thousand. Is the body worth twenty thousand? It is not worth it, but this is so he can be exempted. He says, "I am exempted, you cannot claim anything from me," so he bought it. He bought it on this condition, so the condition is void and not valid. If he finds a defect in it, let him return it. Do you understand? But if, after the sale was completed, he said, "Come, I am afraid you will find a defect in it tomorrow and come to me saying the car is defective," and he said, "I have exempted you," the buyer says this because the buyer is now satisfied, it does not matter to him. He said, "I have exempted you from every defect," then he took it away. If the chassis is bent, the engine is broken, and the tires are punctured, yes, and here, does he return it or not? He does not return it because he was exempted after the contract. However, the correct opinion in this issue, which was chosen by the Shaykh al-Islam Ibn Taymiyyah, is that if the seller knew about the defect, the buyer has the right to return it in all cases, whether the condition was stipulated with the contract, before the contract, or after the contract. And if he did not know, the condition is valid, whether it was stipulated before the contract, with the contract, or after the contract. What the Shaykh al-Islam held is the correct opinion, and it is what is narrated from the Companions (may Allah be pleased with them), and it is what people's affairs can be conducted upon, because if he knew about the hidden defect, he is a deceiver and a fraudster, so he is dealt with in the opposite of what? In the opposite of his intention. This is different from if he was ignorant, as if he had recently owned the car and did not know about the defects in it, so he sold it and stipulated exemption, then the condition is valid.
Allah is the Greatest.
Move up the row, this second one, come on, 'Amir, the second one, 'Abd, the second one, are you in the second one now? Huh? You are in the second one now, good, come on, fill in the gaps, yes?
He said "And if he sold it and stipulated exemption from every unknown defect, he is not exempted" "If he sold it" meaning he sold him something and said, "On the condition that I am exempted from every unknown defect," and the buyer said, "Yes, you are exempted." This condition is not valid. If the buyer finds a defect in it, he has the right to return it. The seller says, "I stipulated that you would be patient with every defect in it." We say, "No, this is an invalid condition. Why? They said that the right to return due to a defect is not established until after the contract, and this was stipulated with the contract, so it is not valid. Do you understand this? Good. And if the exemption is stipulated after the contract, meaning after he sold it, he says, "I have exempted you from every defect," then the exemption is valid. Do you understand, 'Aqil? Good. And the rest?
The questioner : Yes.
Another questioner: This is not clear.
The Shaykh : Good, he sold him the car, he sold him the car on the condition that he would be exempted from every defect. Who stipulated that?
The questioner : The seller.
The Shaykh : The seller said, "I have exempted you," so the condition here is not valid. If the buyer finds a defect in it, he returns it. Good, did he not exempt him? We say he exempted him before the right to return was established for him, because the right to return is only established after the contract. Until now, it has not entered the buyer's ownership. If he bought it and then exempted him, meaning the seller exempted him from every defect, the exemption is valid because he now owns it and owns the right to return it. Good. If he sold it and after the sale said, "By Allah, I am afraid there may be defects in it," the seller says, "I have exempted you from every defect," then the exemption is valid because he now owns it and owns the right to return due to a defect if there is one, and he has waived it. This is the detail in this issue according to the well-known position of the school of jurisprudence. On this basis, those who sell in car showrooms and shout, "Look, I will not sell it to you except for the body, there is nothing else," how much will he sell it for? For twenty thousand. Is the body worth twenty thousand? It is not worth it, but this is so he can be exempted. He says, "I am exempted, you cannot claim anything from me," so he bought it. He bought it on this condition, so the condition is void and not valid. If he finds a defect in it, let him return it. Do you understand? But if, after the sale was completed, he said, "Come, I am afraid you will find a defect in it tomorrow and come to me saying the car is defective," and he said, "I have exempted you," the buyer says this because the buyer is now satisfied, it does not matter to him. He said, "I have exempted you from every defect," then he took it away. If the chassis is bent, the engine is broken, and the tires are punctured, yes, and here, does he return it or not? He does not return it because he was exempted after the contract. However, the correct opinion in this issue, which was chosen by the Shaykh al-Islam Ibn Taymiyyah, is that if the seller knew about the defect, the buyer has the right to return it in all cases, whether the condition was stipulated with the contract, before the contract, or after the contract. And if he did not know, the condition is valid, whether it was stipulated before the contract, with the contract, or after the contract. What the Shaykh al-Islam held is the correct opinion, and it is what is narrated from the Companions (may Allah be pleased with them), and it is what people's affairs can be conducted upon, because if he knew about the hidden defect, he is a deceiver and a fraudster, so he is dealt with in the opposite of what? In the opposite of his intention. This is different from if he was ignorant, as if he had recently owned the car and did not know about the defects in it, so he sold it and stipulated exemption, then the condition is valid.
Allah is the Greatest.
Move up the row, this second one, come on, 'Amir, the second one, 'Abd, the second one, are you in the second one now? Huh? You are in the second one now, good, come on, fill in the gaps, yes?