What is the ruling if any packaged item purchased from a shop contains defect?
Question 1: What do the blessed ‘Ulama [Islamic scholars] state regarding the following matter: The shopkeepers or customers purchase goods wholesale from us. The goods are in packaged form; they count and take the purchased goods with them. After some days, they come and say: ‘This item of yours contains defect’. In this case, can we dismiss their claim by stating, ‘We had given you the goods; it was your job to check it [first] before taking the delivery’?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Trade of goods are of two types. First type is [related to] those goods which can be checked such as open items; it is possible to touch and check them. Second type is [related to] those goods which cannot be checked such as packaged tea dust, packaged milk or eggs, etc.; [these items] are not usually checked at the shop. In such matters, the rule states: If anything which has been sold by stating it to be in good condition is found defective and it is not in the same condition as it was claimed to be while selling, the buyer has the right to return it and the shopkeeper will have to take it back; he cannot refuse to take it. This right enjoyed by the buyer has been termed as ‘Khiyaar-e-‘Ayb’ by the Fuqaha [Islamic Jurists] and it is a complete chapter in the books of Fiqh [Islamic Jurisprudence] which contains its rulings. Its details are also mentioned in Bahar-e-Shari’at, part 11. It is not necessary for the shopkeeper to take the sold item back if at the time of selling, the seller states, ‘You may check this item. It is yours in whatever condition it is; I am not responsible for its defects.’ Remember that the right given to the buyer in some cases that he can return the purchased item on finding a defect is subject to some conditions. One of them is that the buyer must not have used the sold item in any way as an owner.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ وَسَلَّم
Can a defect be found even in buying a plot?
Question 2: What do the blessed ‘Ulama state regarding the following matter: We sold a plot by stating that it didn’t contain any defect and we received advance as well. Afterwards, a defect was found in the plot, so who will be responsible to correct it, we or the buyer?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
There can be many forms of defects in the plot. For example, a document missing in the [legal] papers; or a person discovers after buying the plot that the seller’s family has filed a case with the court that the plot belonged to their father and it is his estate, but one party has sold it; or the plot was sold by stating that it was leased but it is discovered afterwards that it has not been leased yet. The definition of “defect” states: It is anything if found [in an item], reduces its price in the ‘Urf [usual practice] of the traders. For example, when purchasing a car, there is usually a reduction in its price by at least fifty thousand rupees if the original number plate is lost and the existing one is a duplicate number plate. If the plot was sold by stating it to be free from the related defects but later any defect is found, there are only two ways then: The seller removes that defect before the time which had been fixed for giving the possession. If it does not happen and the time of giving the possession comes but this defect is not removed, the buyer has the right to cancel the contract without the consent of the seller.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ وَسَلَّم
Is it permissible to rent out a piece of land?
Question 3: What do the blessed ‘Ulama state regarding the following matter: Is it permissible to rent out a piece of land and receive rent on it?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Land is something beneficial. It is permissible to rent it out, whether the rent is [received] monthly or yearly. However, the purpose for which the land will be used should be specified in the contract; for example, it will be used for farming, building warehouse, constructing a house, etc.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ وَسَلَّم
Ruling on swearing truly for selling the goods
Question 4: What do the blessed ‘Ulama state regarding the following matter: Can the goods be sold by swearing truly? At times, the customer asks us to swear that we have purchased a specific item in such and such a price, so can we swear truly?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
It is not a sin to take a true oath; in fact, it is permissible and a person is permitted to swear truly if necessary. The meaning of taking an oath is ‘Takeed [i.e. to express emphatically]’, and a person takes an oath to make his statement firm, strong and definitive, but taking an oath in trade is a disliked act. It is stated in a blessed Hadees:
عَنْ أَبِي قَتَادَةَ الأَنْصَارِيِّ ، أَنَّهُ سَمِعَ رَسُولَ اللَّهِ صلى الله عليه وسلم ، يَقُولُ : إِيَّاكُمْ وَ كَثْرَةَ الْحَلِفِ فِي الْبَيْعِ ، فَإِنَّهُ يُنَفِّقُ ثُمَّ يَمْحَقُ
Translation: It is narrated from Sayyiduna Abu Qatadah رَضِىَ اللهُ تَعَالٰی عَـنْهُ that he heard Rasoolullah صَلَّى اللهُ تَعَالٰى عَلَيْهِ وَاٰلِهٖ وَسَلَّم saying, ‘Refrain from taking an oath excessively in sale as although it gets the item sold but removes the Barakat [blessing]’. (Sahih Muslim, pp. 668, Hadees 4126)
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ وَسَلَّم
Ruling on auction sale
Question 5: What do the blessed ‘Ulama and Muftis [Islamic Jurists] state regarding the following matter: In the market and other places, the selling items are displayed and then people make bids. If anyone agrees to purchase it at a particular price, people make bids again for a higher price. The process continues in this way and eventually, the item is sold to that person who agrees to purchase it at the highest price. What is the ruling on this method?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
A selling item is sometimes sold by auction; this method is also permissible in its real nature. However, people have added many things which are contradictory to Shari’ah even to this method of auction; it is also necessary to refrain from these things. Selling something by auction to a person who makes a higher bid is proved by the Beloved Rasool صَلَّى اللهُ تَعَالٰى عَلَيْهِ وَاٰلِهٖ وَسَلَّم himself as, for the help of a Sahabi, he صَلَّى اللهُ تَعَالٰى عَلَيْهِ وَاٰلِهٖ وَسَلَّم sold that Sahabi’s bowl and other things by the method of auction to the person who made the higher bid. (Sunan Abi Dawood, vol. 2, pp. 168, Hadees 1641)
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ وَسَلَّم
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