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Paying for Confiscated Goods

Answered as per Hanafi Fiqh by CouncilofUlama.co.za

Q: I sell goods on the flee market. Someone sold me fake goods. I have not as yet paid this person. I did not know it was fake goods. Yesterday, the customs raided me and took away the goods. Do I have to pay the supplier for the goods?

Furthermore, if I knew that it was fake goods, then in this case would I have to pay the supplier?

A:If you knew it was fake goods then you have to pay the supplier. Likewise in your case you have to pay the supplier even if you did not know it was fake goods because the customs confiscated it and it cannot now be returned. Once you were aware it was fake goods you had the right to return it and the seller would have been compelled to take it back because he did not tell you it was fake goods.

Council of Ulama
Eastern Cape

This answer was collected from CouncilofUlama.co.za, which is operated under the supervision of Council of Ulama Eastern Cape, South Africa.