Is it allowed to hide a defect when selling?
The question as asked, details removedIf I am selling a used phone or car, do I have to tell the buyer about its faults?More
This is a sample answer written to show how the site works. It follows the standard Hanafi books, but no mufti has reviewed or signed it yet, so it is not a fatwa. For a real answer, ask a question. Ask a mufti
بِسْمِ اللهِ الرَّحْمٰنِ الرَّحِيْمِ اَلْجَوَابُ بِعَوْنِ الْمَلِكِ الْوَهَّابِ اَللّٰهُمَّ هِدَايَةَ الْحَقِّ وَالصَّوَابِ
1Short answer
Yes, you must tell. Hiding a defect you know about is deception and haram. If the buyer later finds a defect that existed at the time of sale and was not disclosed, they may return the item and take their money back.
2Detailed answer
A seller must tell the buyer about any defect they know of that reduces the value of the item. So:
- Hiding a known fault, or making the item look better than it is, is deception and a sin, even if the sale is completed.
- If the buyer finds a defect that existed when they bought it and that they did not know about, they have the right to return the item and get their money back (khiyar al-'ayb), or keep it as it is.
- If the seller clearly says the item is sold "as is, with all its faults" and the buyer accepts, the buyer cannot return it later for a defect. But knowingly hiding a serious fault behind such words is still dishonest.
Honesty in trade brings barakah into it; deception removes it.
3Evidence and sources
- Sahih Muslim, Book of Faith
- Sunan Ibn Majah, Book of Trade
- Al-Hidayah, chapter on the option for defects
Arabic texts, translations and how the ruling was derived
من غشنا فليس منا
Meaning: Whoever deceives us is not of us.
المسلم أخو المسلم، ولا يحل لمسلم باع من أخيه بيعا فيه عيب إلا بينه له
Meaning: A Muslim is the brother of a Muslim, and it is not lawful for a Muslim to sell his brother something with a defect without explaining it to him.
The Prophet ﷺ said the first when he put his hand into a pile of grain and found it wet underneath. The second makes disclosure of defects a duty.
وَاللهُ أَعْلَمُ عَزَّوَجَلَّ وَرَسُوْلُهُ أَعْلَمُ صَلَّى اللهُ تَعَالٰى عَلَيْهِ وَآلِهِ وَسَلَّمَ