Is it permissible to make use of a wristwatch where the seller defrauded the buyer, and the buyer was unable to return it to the seller after recovering its price?
It is not permissible to throw away or destroy the watch, because the Prophet forbade wasting money, which is spending money in a way not sanctioned by Islamic law or exposing it to damage. The obligation to return the watch or the buyer's ownership of it depends on the terms of the purchase site. If the site compensates the buyer for the item's deviation from the description, then the watch belongs to the buyer along with the compensation. However, if the condition is that the item be returned to the seller upon refund of its price, then it must be returned to him. The cost of return is borne by the seller if he was aware of the defect and concealed it; otherwise, it is borne by the buyer.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 195185
- 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