QUESTION:
Zaid wanted to buy a phone from Bakr. Bakr gave Zaid the phone to test out. After keeping the phone for a day, Zaid said the phone was working perfectly and decided to buy it. After 3 days, a problem appeared on the screen (commonly caused due to falling). The phone was sold as secondhand without any guarantee or warranty. Does the seller have to give the buyer a refund? (Keeping in mind that the buyer was given the phone to test first and the problem was not a known fault which was hidden, but rather occurred after the bay was complete.)
ANSWER:
It is difficult to resolve the issue by listening to one party. However, if Zaid (the buyer) took the phone for a day, tested it and was satisfied that it was free from any defects, and thereafter concluded the sale, then Zaid cannot return the phone, particularly if the phone was sold without any guarantees and warranties. This in essence means that Zaid purchased the phone ‘as is’ or whilst it was free of defects, but a problem cropped up a few days later. Again, our ruling is based on the information submitted by one party.
البيع: ينعقد بالإيجاب والقبول إذا كانا بلفظ الماضي…وإذا حصل الإيجاب والقبول لزم البيع ولا خيار لواحد منهما إلا من عيب أو عدم رؤية (مختصر القدوري ص78)
(الْمَادَّةُ 342) إذَا بَاعَ مَالًا عَلَى أَنَّهُ بَرِيءٌ مِنْ كُلِّ عَيْبٍ ظَهَرَ فِيهِ لَا يَبْقَى لِلْمُشْتَرِي خِيَارُ عَيْبٍ. (مجلة الاحكام ص67 ج1)
ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!
ANSWERED BY:
Maulana Abdul Kader Fazlani
Date: 19 Dhul Qa’dah 1445 / 28 May 2024
CHECKED AND APPROVED BY:
Mufti Mohammed Desai Saheb
