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Defective item

Fatwaa ID: 304

Question:
السلام عليكم ورحمة الله وبركاته

Respected Mufti saheb

Someone sold an item to a person. After 2 months since delivery of the item, the buyer says it is not working properly and wants a refund.

The seller says he should have let him know earlier as he could have then returned the product to his supplier.

Does the seller have to refund the buyer?

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

In principle, if a defective item is sold and the buyer comes to know of the defect after purchasing it, then he will have the right to cancel the transaction and demand a refund. However, if the defect comes about in the item after the purchase of the item while in the hand of the buyer, then the buyer will not be held accountable.
In the enquired situation, both parties are reminded to fear Allaah Ta’aala and be truthful in their dealings. If necessary, they may refer to a mediater to resolve the matter.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

06/14/1444 AH – 01/07/2023 CE | AMG1-2292


وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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