IslamQA

What if a house was sold without informing the buyer that the fitted kitchen wasn’t included in the sale?

Answered according to Hanafi Fiqh by Qibla.com

Answered by Shaykh Faraz Rabbani

If “A” sold his house to “B” in which a tenant lives, without stating that the fitted-kitchen belongs to the tenant, then what would the ruling be. The actual kitchen is included in the sale, but the fitted-kitchen (shelves, drawers, sink, cooker, etc) is not included. Does the buyer have a right to demand a reduction?

Answer:
In the Name of Allah, Most Gracious, Most Merciful

In the Name of Allah, Most Merciful and Compassionate

Walaikum assalam wa rahmatullah,

I pray that this finds you well, and in the best of health and spirits. May Allah grant you all good and success in this life and the next.

A fitted kitchen enter into the sale without needing mention, because it (a) it is fixed to the item of sale, and (b) the general customary practice (`uf) would appear to be that it is expected to enter without mention. [ Ibn Abidin, Radd al-Muhtar; Majallat al-Ahkam al-`Adliyya]

Thus, if the house was sold without informing the buyer that the fitted kitchen wasn’t included in the sale, then the the buyer would have the right to either:

(a) accept the house for the sale price, without the fitted kitchen; or
(b) cancel the sale. [ibid.]

The Majalla states that,

230. The sale includes everything which by local custom is included in the thing sold, even though not specifically mentioned. [….]
231. Things which are considered to be part of the thing sold, that is to say, things which cannot be separated from the thing sold, having regard to the object of the purchase, are included in the sale without being specifically mentioned. [….]

Can’t Unilaterally Demand a Price Reduction

The buyer can’t unilaterally demand a reduction in the price. The Majalla states that,

234. The thing included in the sale as being attached thereto is not a part of the price of such sale.

The Sunna of Striving for Agreement

However, in terms of basic excellence in dealings, it would be proper for the two parties to agree on a mutually satisfactory solution, given that Allah Most High has instructed us that, “And right settlement is better.” [Qur’an, 4.128]

And the Messenger of Allah (peace and blessings be upon him) told us, “None of your truly believes until they love for their brother what they love for themselves.” [Bukhari and Muslim, on the authority of Anas (Allah be pleased with him)]

And Allah alone gives success.

Wassalam,
Faraz Rabbani
www.SunniPath.com – http://www.seekersdigest.org/

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