Is It Necessary to Inform Customers About Minor Defects in Products Before Selling?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
If a product in my store, like a can of pop, has a dent or scratches, is it necessary to inform the customer before selling it? Does this apply to all items with minor defects?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I pray you are in good faith and health. Thank you for your question.
It would be necessary to inform the customer about the dent and scratches, which are normally considered a defect and lead to disputes, even if they are very minor. If they are not, then it would be fine. However, it would be good practice to inform them.
If a seller sells a defective or faulty item without declaring it, the purchaser has the right to cancel the transaction. This is known as the right of defect. The defect or fault must have existed while the item being sold was in the seller’s possession, and the deficiency must be such that it is considered a defect in market practice and depreciates the value of the goods. [Ibn ‘Abidin, Radd al-Muhtar]
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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat
Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.
