Rulings for Hiding the Defect of Goods
If there was a defect on the traded goods that could lessen its value, it was compulsory for the seller to explain it to the potential buyer. If he didn’t do it, then he was considered committing a fraud. It is stated in a hadith narrated by Abu Huraira -may Allah be pleased with him-, that the Prophet -peace and prayer of Allah be upon him- once saw a pile of foodstuffs.
And then the Messenger of Allah -peace and prayer of Allah be upon him- inserted his hand inside that pile, and he found that some of the inner parts of it were wet. He asked, “What is this O seller?”. He replied, “The rain caught those, O Messenger of Allah.” “Then why didn’t you put it on the top of the pile, so that the potential buyer could see it? Whoever deceives, then it is not from my manners.” (Narrated by Muslim).
Then from Uqba Ibn Amir -may Allah be pleased with him-, he heard that the Prophet -peace and prayer of Allah be upon him- said,
الْمُسْلِمُ أَخُو الْمُسْلِمِ، وَلَا يَحِلُّ لِمُسْلِمٍ بَاعَ مِنْ أَخِيهِ بَيْعًا فِيهِ عَيْبٌ إِلَّا بَيَّنَهُ لَهُ
” A muslim is a brother to other muslim, it is not lawful for a muslim to sell defective goods to his friend but by with his explanation.” (Narrated by Ibn Maja, no. 2246, Al Hakim in “Mustadrak”, he classified it as a valid hadith and his decision was agreed by Adz Dzahabi)
What is the Right of The Buyer when He found a defect on his goods?
One who had bought goods and later he found a defect on that goods that he wasn’t aware of at the time of the bargaining contract, has two choices:
First, Returning the goods and taking back his payment money.
Second, Not returning the goods but asking for a compensation for the defect on his goods. This compensation is termed “Al-Arsyu”. And Al-Arsyu means: The price difference between the value of the goods at it intact condition and the value of it in defective condition.
A Book of Al-Muamalat Al-Maliyah, by Dr. Yusuf bin Abdillah Asy-Syubili, page 7.
Author: ustadz Ammi Nur Baits
Article of www.Syaria.com