Fatwa ID: 09472
Answered by Mufti Abdurrahman Mohammad
Question:
I humbly request your guidance and a detailed, evidence-based response regarding the following scenario:
Our business sells pharmaceutical machines and occasionally encounters defective units. When a unit is defective, we explicitly inform potential buyers of the defect, share photos of it, and sell the machine at a discounted price. Despite being made aware of the defect, some clients later refuse to pay, citing the defect as the cause. Additionally, we sell various other electronic items through our online store.
In light of this, we request clarification on the following points:
Seller’s Obligation to Accept Returns: If the buyer refuses to pay or wants to return the machine on the basis of a disclosed defect, is the seller Islamically obliged to accept the return and refund the buyer?
Application of Khiyar-ur-Ruyah: Does khiyar-ur-ruyah (the option to inspect goods before finalizing a sale) apply to pharmaceutical machines sold with clearly disclosed defects?
Khiyar-ur-Ruyah in Online Sales: Does khiyar-ur-ruyah generally extend to products purchased online, where the buyer may only see images rather than physically inspecting the item prior to purchase?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
In Islamic commercial law, the validity and bindingness of a sale are connected to transparency, mutual consent (tarādī), and the absence of deception (gharar / ghabn). The Shariah grants buyers certain rights, such as Khiyār al-‘Ayb (right to return due to defect) and Khiyār al-Ru’yah (right to return upon seeing the item), to protect them from harm when defects are hidden or when goods are purchased unseen.
However, these rights are not unconditional and are governed by specific principles and conditions that protect the seller. The scenario you described involves the sale of pharmaceutical machines and electronic items where defects are clearly disclosed in advance and are reflected in the price. Because you had clearly disclosed the defect and lowered the price, the buyer cannot use the defect as a reason for return.
Question 1: Seller’s Obligation to Accept Returns for a Disclosed Defect
The Shariah automatically grants buyers Khiyār al-‘Ayb to prevent deception and hidden defects in purchases.
Khiyār al-‘Ayb (option due to defect) is established without any stipulation, as stated in al-Sirāj al-Wahhāj. If a person buys something while being unaware of the defect at the time of purchase, and he did not know of it beforehand, whether the defect is minor or serious, then he has the option (khiyār): if he wishes, he may accept it for the full price, and if he wishes, he may return it. [1]
However, Khiyār al-‘Ayb only comes when the buyer was unaware of the defect at the time of the contract or at the time of taking possession.
Among [the conditions for the establishment of Khiyār al-‘Ayb] is that the buyer be unaware of the existence of the defect at the time of the contract and at the time of taking possession. If he was aware of it at either of these two stages, then he has no option (of return). [2]
When a seller clearly informs the buyer of a defect and sells the item at a reduced price reflecting that defect, the buyer is considered to have entered the contract with full knowledge and consent of the defect and has effectively accepted the defect. Acceptance of a known or disclosed defect nullifies Khiyār al-‘Ayb.
Therefore, if the buyer refuses to pay or wants to return the machine on the basis of a disclosed defect, the seller is not Islamically obliged to accept the return and refund the buyer. The sale is binding on the buyer, and refusal to pay after such disclosure has no Islamic justification.
Question 2: Application of Khiyār al-Ru’yah to Pharmaceutical Machines Sold With Disclosed Defects
Khiyār ar-Ru’yah applies to pharmaceutical machines sold with clearly disclosed defects, and the buyer has the right to inspect the product before purchase.
Khiyār al-Ru’yah is established for any sale in which the buyer purchases a specific, distinguishable item that he has not physically seen at the time of contract.
A condition for the establishment of this option is that the sold item be something that is specified by individual identification. [3]
The product conforming to its description and disclosed defect does not remove the buyer’s right of inspection (Khiyār ar-Ru’yah).
Whoever purchases something that he has not seen has the option when he sees it: if he wishes, he may accept it for the full price, and if he wishes, he may return it, whether he finds it as described to him or contrary to the description. [4]
Khiyār ar-Ru’yah is “an option that is established by law itself, not by stipulation” [4] and “does not drop off by an explicit waiver, neither before seeing nor after seeing”. [4] This right is established by default, so the buyer does not need to specify it in the transaction, and neither party could drop off this right by explicitly adding it to the transaction.
Question 3: Khiyār al-Ru’yah in Online Sales
Khiyār ar-Ru’yah extends to products purchased online when the buyer has not physically inspected the item prior to the sale and has only seen images or descriptions. [4] Purchasing an item without seeing it is valid, but the buyer reserved the option of inspection (Khiyār ar-Ru’yah) when he receives it. This right remains even if the item is exactly according to the description and disclosures given, and cannot be dropped off in the transaction by the contracting parties.
Only Allah ﷻ knows best.
Written by Mufti Abdurrahman Mohammad
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References:
[1]
خِيَارُ الْعَيْبِ يَثْبُتُ مِنْ غَيْرِ شَرْطٍ كَذَا فِي السِّرَاجِ الْوَهَّاجِ وَإِذَا اشْتَرَى شَيْئًا لَمْ يَعْلَمْ بِالْعَيْبِ وَقْتَ الشِّرَاءِ وَلَا عَلِمَهُ قَبْلَهُ وَالْعَيْبُ يَسِيرٌ أَوْ فَاحِشٌ فَلَهُ الْخِيَارُ إنْ شَاءَ رَضِيَ بِجَمِيعِ الثَّمَنِ وَإِنْ شَاءَ رَدَّهُ كَذَا فِي شَرْحِ الطَّحَاوِيِّ
Al-Fatāwā Al-Hindiyyah, vol. 3, pg. 66, Al-Maṭba’ah Al-Kubrā Al-Amīriyyah
[2]
وَأَمَّا شَرَائِطُ ثُبُوتِ الْخِيَارِ) فَمِنْهَا ثُبُوتُ الْعَيْبِ عِنْدَ الْبَيْعِ أَوْ بَعْدَهُ قَبْل التَّسْلِيمِ … وَمِنْهَا جَهْلُ الْمُشْتَرِي بِوُجُودِ الْعَيْبِ عِنْدَ الْعَقْدِ وَالْقَبْضِ فَإِنْ كَانَ عَالِمًا بِهِ عِنْدَ أَحَدِهِمَا فَلَا خِيَارَ لَهُ
Al-Fatāwā Al-Hindiyyah, vol. 3, pg. 66-67, Al-Maṭba’ah Al-Kubrā Al-Amīriyyah
[3]
وَشَرْطُ ثُبُوتِ الْخِيَارِ أَنْ يَكُونَ الْمَبِيعُ مِمَّا يَتَعَيَّنُ بِالتَّعْيِينِ فَإِنْ كَانَ مِمَّا لَا يَتَعَيَّنُ بِالتَّعْيِينِ لَا يَثْبُتُ فِيهِ الْخِيَارُ كَذَا فِي الْبَدَائِعِ
Al-Fatāwā Al-Hindiyyah, vol. 3, pg. 58, Al-Maṭba’ah Al-Kubrā Al-Amīriyyah
[4]
مَنْ اشْتَرَى شَيْئًا لَمْ يَرَهُ فَلَهُ الْخِيَارُ إذَا رَآهُ إنْ شَاءَ أَخَذَهُ بِجَمِيعِ ثَمَنِهِ وَإِنْ شَاءَ رَدَّهُ سَوَاءٌ رَآهُ عَلَى الصِّفَةِ الَّتِي وُصِفَتْ لَهُ أَوْ عَلَى خِلَافِهَا كَذَا فِي فَتْحِ الْقَدِيرِ هُوَ خِيَارٌ يَثْبُتُ حُكْمًا لَا بِالشَّرْطِ كَذَا فِي الْجَوْهَرَةِ النَّيِّرَةِ
وَلَا يَمْنَعُ ثُبُوتَ الْمِلْكِ فِي الْبَدَلَيْنِ وَلَكِنْ يَمْنَعُ اللُّزُومَ كَذَا فِي مُحِيطِ السَّرَخْسِيِّ وَلَا يَسْقُطُ بِصَرِيحِ الْإِسْقَاطِ قَبْلَ الرُّؤْيَةِ وَلَا بَعْدَهَا هَكَذَا فِي الْبَدَائِعِ وَلَهُ أَنْ يَفْسَخَ وَإِنْ لَمْ يَرَ عِنْدَ عَامَّةِ الْمَشَايِخِ رَحِمَهُمْ اللَّهُ تَعَالَى وَهُوَ الصَّحِيحُ كَذَا فِي الْفَتَاوَى الصُّغْرَى وَإِنْ أَجَازَهُ قَبْلَ الرُّؤْيَةِ لَمْ يَجُزْ وَخِيَارُهُ بَاقٍ عَلَى حَالِهِ فَإِذَا رَآهُ إنْ شَاءَ أَخَذَ وَإِنْ شَاءَ رَدَّهُ هَكَذَا فِي الْمُضْمَرَاتِ
Al-Fatāwā Al-Hindiyyah, vol. 3, pg. 57, Al-Maṭba’ah Al-Kubrā Al-Amīriyyah