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Islamic Ruling on Selling Defective Items Without Disclosure

Buying and Selling Defective Items: Islamic Guidance and Rulings
Fatwa by the Saudi Permanent Committee for Islamic Rulings
Fatwa No: 4708


❖ Selling a Defective Item Without Disclosing the Defect​


It is not permissible to sell an item that contains a defect without clearly informing the buyer of the defect.


This act falls under deception and betrayal, which the Prophet ﷺ strongly condemned.


✦ Prophetic Warnings Against Deception​


➤ The Prophet ﷺ said:
«مَنْ غَشَّ فَلَيْسَ مِنَّا»
“Whoever cheats is not one of us.”
[Ṣaḥīḥ Muslim 102/164]


➤ He also stated:
«البَيِّعَانِ بالخِيَارِ ما لَمْ يَتَفَرَّقَا، فإن صَدَقَا وَبَيَّنَا، بُورِكَ لَهُمَا في بَيْعِهِمَا، وإن كَتَمَا وَكَذَبَا مُحِقَتْ بَرَكَةُ بَيْعِهِمَا»
“The buyer and seller have the option to cancel the deal until they part. If they speak the truth and clarify (the faults), there will be blessings in their sale. But if they lie and conceal, the blessing of their sale will be erased.”
[Ṣaḥīḥ al-Bukhārī 2079, Ṣaḥīḥ Muslim 1532/47]


Necessary Steps for the Seller Who Concealed a Defect:​


Acknowledge the mistake and be remorseful.
Resolve not to repeat the act of deception.
Repent sincerely before Allah.
④ Do not justify the deception or consider it permissible.
⑤ Make amends with the buyer and offer appropriate restitution or a refund.


✅ Conclusion:

Selling defective items without disclosure is a major violation in Islamic commerce. One must uphold truthfulness and clarity to ensure blessing and fairness in all business dealings.
 
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