Selling Goods with the Declaration: 'I Am Free from All Defects'

Hazrat Zaid bin Thabit (may Allah have mercy on him) considered it permissible for the seller to sell an item by saying, "I am free from every defect."

It is narrated from Hazrat Salim, may Allah have mercy on him, that Hazrat Ibn Umar, may Allah be pleased with them both, sold a slave for eight hundred dirhams. The buyer found a defect in the slave and appeared before Hazrat Uthman, may Allah be pleased with him, for litigation. Hazrat Uthman, may Allah be pleased with him, inquired about it from Hazrat Ibn Umar, may Allah be pleased with them both. He replied, "At the time of sale, I had said that I am free from responsibility for every defect in him." Hazrat Uthman, may Allah be pleased with him, said, "Swear that I sold him the slave and at the time of sale there was no defect in him that I was aware of." Hazrat Ibn Umar, may Allah be pleased with them both, said, "At the time of sale, I had said that I am free from responsibility for every defect in him." Hazrat Uthman, may Allah be pleased with him, again said, "Swear that I sold him the slave and at the time of sale there was no defect in him that I was aware of." Hazrat Ibn Umar, may Allah be pleased with them both, refused to take the oath. Hazrat Uthman, may Allah be pleased with him, returned the slave to him. Later, Hazrat Ibn Umar, may Allah be pleased with them both, sold the same slave for fifteen hundred dirhams.

Ibrahim (may Allah have mercy on him) said that when a seller, at the time of sale, explicitly mentions certain defects and declares exemption from them, he will be exempt only from those specific defects.

Hazrat Shurayh (may Allah have mercy on him) says that if he names the faults one by one, he will be absolved.

Hazrat Ibn Sirin (may Allah have mercy on him) was asked about a person who sells an animal saying, "I am free from such-and-such defect, free from such-and-such defect, and also free from the disease of baldness." He replied: He will be free only from those defects which he has named.

Hazrat Dinar says that I asked Hasan (may Allah have mercy on him): How is it to sell a commodity saying, "I am free from boils, wounds, blisters on hands and feet, and every apparent and hidden defect"? He (may Allah have mercy on him) replied: You will not be free (of liability) until you specify, "I am free from the defect of this eye and the defect of this thing." If you do not say so, the commodity will be returned to you.

Hazrat Ata (may Allah have mercy on him) says that until he mentions all the faults by name and points them out by placing his hand on them, he will not be absolved.

Hazrat Sha’bi (may Allah have mercy on him) says that merely mentioning the name will also make him sinful, even if he does not point out the faults.

Hazrat Shurayh (may Allah have mercy on him) said that he will not be free (of blame) until he points out the faults.

Ibrahim (may Allah have mercy on him) said that if a person says, "I will sell meat by placing it on a mat," or "I will sell you whatever comes out of the ground," if he mentions the defects by name, then he will be free of liability.