Is selling a device that has potential harm, while informing the buyer of all the details and offering to take the device back for a refund, sinful, or is benefiting from the money impermissible?
If a person sells a defective device, and the buyer stipulates the option to return it if he cannot sell it, this is considered a conditional option with an unknown term.
- The majority of jurists hold that a conditional option is not valid unless it is for a known term; because an unknown term leads to ambiguity and dispute. - The Hanbalis, in one narration, hold that it is absolutely valid without a known term. - If the condition is invalid, there is a difference of opinion among scholars regarding whether the contract is void or فاسد (voidable/corrupt), or if the condition is void without the contract, or if the contract is valid with the condition modified, or if the contract is valid and the condition remains. - Those who deem the contract فاسد (voidable/corrupt) stipulate that it must be annulled, the device and the price returned, and a new contract concluded. - Those who deem the contract valid see no harm in retaining the price. - The contracting parties can agree on a known option period to rectify the contract and the condition.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/194938
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 194938
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy