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Selling defective things

Answered according to Hanafi Fiqh by Qibla.com

Answered by Shaykh Ilyas Patel

You have a fatwa on the website about selling a defective car, but it doesnt answer the question I have. I sold a car, which had a defect, to a large company in America (I think its called Carmax). The thing is that, before they buy the car from you, they test and examine it. In other words, they have an opportunity to find the defects. Am I wrong for selling them the car without telling them about the defect. Does the fact that they had an opportunity to find the defects change anything? Also, they may have found the defects. I don’t know. I never asked. They gave me a paper with the test results and the price they were willing to pay. I don’t remember if it mentioned anything about the defects they discovered. What’s the verdict?

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

In the name of Allah Most Compassionate Merciful

I hope you are fine and in the best of health and iman.

Yes the fact that they had an opportunity to return, if they found a defect, then they had a choice.. So when the transaction was done, they agreed to it.

In your buyers case, they seem to be a large company and the defect is not an issue with them, so they agreed to it.

It is mentioned in Quduri as follows:

When the seller notices a defect in the object, then he has a choice, either he takes it with the full price, or returns it

(Allama Ahmad ibn Muhammad al-Quduri, pg 208 V.2)

And Allah alone knows best

This answer was indexed from Qibla.com, which used to have a repository of Islamic Q&A answered by various scholars. The website is no longer in existence. It has now been transformed into a learning portal with paid Islamic course offering under the brand of Kiflayn.

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