{"_id":"6a0b3a1bacdeebe4cb64a027","title":"{\"ops\":[{\"insert\":\"Are Muslim sellers obligated to disclose defects even in “buyer beware” legal systems?\\n\"}]}","question":"{\"ops\":[{\"insert\":\"In places where civil law follows a “buyer beware” standard and allows goods to be sold “as is,” is a Muslim seller still obligated under Shariah to disclose known defects? Also, is a seller expected to verify the condition of items they sell if they are in the business of buying and selling?\\n\"}]}","answer":"{\"ops\":[{\"insert\":\"According to Islamic law, a seller is obligated to disclose all defects known to him, regardless of what civil law requires. A Muslim seller is therefore not relieved of this duty simply because the law of the land does not impose it.\\n\\nThe Prophet ﷺ said: \"},{\"attributes\":{\"italic\":true},\"insert\":\"\\\"It is not permissible for a Muslim who sells something to his brother that contains a defect, except that he discloses it to him.\\\"\"},{\"insert\":\"\\n\"},{\"attributes\":{\"italic\":true},\"insert\":\"لاَ يَحِل لِمُسْلِمٍ بَاعَ مِنْ أَخِيهِ بَيْعًا فِيهِ عَيْبٌ إِلاَّ بَيَّنَهُ لَهُ\"},{\"attributes\":{\"align\":\"right\"},\"insert\":\"\\n\"},{\"insert\":\"\\nAs for whether selling \\\"as is\\\" absolves the seller of liability, scholars have differed on this. The Hanafis, the third narration from Malik, and the second position of the Shafi'is held that a sale with an explicit disclaimer of liability for all defects is permissible, and that the seller is thereby fully absolved. In their view, the buyer's right to return a defective item is a right that belongs to him — and when he waives it by agreeing to the terms of the sale, it is extinguished just as any other waivable right.\\n\\nThe Hanbalis, in one narration, and the third position of the Shafi'is held that the seller is not absolved, whether he knew of the defect or not. In cases where the seller was unaware, the disclaimer falls under the prohibition of gharar (undue uncertainty), and in cases where he was aware, it constitutes deception and fraud.\\n\\nThe relied-upon position among the Shafi'is and Malikis, and one narration among the Hanbalis distinguish between the two: the seller is absolved of hidden defects in animals that he genuinely did not know about, but not of defects he was aware of. As for non-animals, the seller is not absolved under any circumstances, regardless of his awareness.\\n\\nAs for your final question: yes, a seller who is in the business of buying and selling goods is expected to verify the condition of what he sells. This serves three purposes: to avoid unknowingly selling defective merchandise, to be in a position to disclose any existing defects to the buyer, and to be able to substantiate his position if the buyer later claims a defect existed prior to the sale.\\n\"}]}","tags":[{"_id":"67226868f809463c0a046b44","tag":"Business Transaction","count":5}],"createdOn":"2026-05-18T16:11:07.382Z"}