Selling goods without revealing damages and faults

QUESTION:

Dear Mufti Sahib, a man wants to sell a damaged item, but does not tell the buyer that the item is damaged. When asked if there is any defect, he said there is none and sold it. Is this allowed?

ANSWER:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In principle, it is impermissible and sinful to conceal a defect when selling an item. [1]
Islam promotes honesty and transparency in business transactions. Prophet (peace and blessings be upon him), said,
من غش فليس منا
“He who deceives is not from amongst us.” [Tirmidhi]
Thus, the buyer retains the right to return the item [with full repayment], due to the deception involved. [2]

And Allah Ta’ālā Knows Best
Zayd Imran

Concurred by: 
Hanif Yusuf

References

[1]



لا يحل كتمان العيب في مبيع أو ثمن لأن الغش حرام

[al-Durr al-Mukhtar]



من باع مبيعا لم ينبه لم يزل في لعنت الله ويلعنه الملائكة

[Bada‘i s-Sana‘i]



[2]


قال: اشتراه فإنه لا عيب به ثم وجد به عيبا كان له أن يخاصم فيه بائعه

[al-Mabsut]


وإذا اطلع المشتري على عيب في المبيع فهو بالخيار إن شاء أخذه بجميع الثمن وإن شاء رده

[al-Hidayah]

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Posted in Buyoo' (Money-related issues) on 16th Jun 2023 by Our Imam | 208 Views