Should the buyer pay for the pan that turned out to be Chinese and defective, then accidentally fell and was damaged, after the seller had affirmed that it was European and flawless?
If the merchandise is defective or does not match the agreed-upon description, the buyer has the right to return it or keep it while receiving compensation for the defect (arsh).
If the seller agrees to the return of the merchandise, it becomes a trust (amanah) in the buyer's possession, and the buyer is not liable for it unless they transgress or are negligent in its safekeeping. The merchandise falling from one's hand is not considered negligence.
However, if the seller does not explicitly agree to the return of the merchandise, it remains under the buyer's guarantee. The buyer then has the option to keep it and receive compensation for the original defect, or to return it and pay compensation for the new defect that occurred due to their actions.
If the seller concealed the defect (tadlees), the buyer has the right to return the merchandise and receive the full price without paying compensation for any defect that occurred while it was in their possession, even if the damage was caused by their action, by an external party, or by the merchandise itself. This is the relied-upon ruling in this case.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/191111