Answered by Shaykh Faraz Rabbani
Zaid bought a house from Abdullah. Before completion of the sale Abdullah indicated there was a radiator leaking and that he would fix the problem. The sale of the property has completed but Abdullah still hasn’t fixed the problem, stating that he can’t find a replacement of the same type, as the radiator was old. Using a new type radiator would mean that more work would be required costing more money. Abdullah said that the matter is now closed and does not want to pay to install a new radiator. What is the ruling in the Sharia? Is Abdullah obliged to replace the radiator despite the cost involved?
Answer:
Walaikum assalam wa rahmatullah,
In the Name of Allah, Most Merciful and Compassionate
The seller is obligated in such a case to either:
a) fix the unit sufficiently that it is considered functional and not faulty; or
b) replace it with an equivalent unit (whether old or used) that is functional; or
c) compensate the buyer with an amount mutually agreed upon that fulfills either (a) or (b).
[as understood from Ali Haydar’s commentary on the Majalla, 1.335-337]
One simple way around the problem is for the buyer to find a cost-effective solution, present it to the buyer, and then agree on how the compensation will take place.
And Allah alone gives success.
Wassalam.
Faraz Rabbani
