Is it permissible to lie and deceive someone to recover part of the price of a machine sold at a loss, after the seller broke his promise to return the machine?
The aforementioned sales contract contained two invalidating factors:
First: Stipulating one contract within another, such as the buyer stipulating the sale of the weaving machine on the condition of lease. This condition is invalid according to many jurists.
Second: Stipulating an option (khiyar) for an unknown duration, such as the seller's statement: "If you don't like the machine at any time, I will take it back from you." This condition is invalid according to the majority of scholars.
Despite the invalidity of the sale, it becomes binding upon its completion. Therefore, the buyer does not have the right to return the machine except with the seller's consent. If the return occurs with the consent of both parties, it is a recommended cancellation (iqalah).
As for lying and defrauding in order to return the machine, it is impermissible and considered consuming people's wealth by unlawful means.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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