What is the ruling on stopping the payment of the remaining price of a living room set that was damaged shortly after its purchase, given that the merchant refuses to inspect the damages?
The merchant must fulfill the contract if a specific type of fabric has been agreed upon, in accordance with the Almighty's saying: "O you who have believed, fulfill [all] contracts," and the Prophet's (PBUH) saying: "Muslims are bound by their conditions."
If it becomes apparent that the merchandise deviates from what was stipulated, the buyer has the right to return it. However, if the defect is not discovered until after the merchandise has perished or gone out of use, then its return becomes impossible, and the buyer's right, in this case, is to the "arsh al-ayb" (compensation for the defect).
The arsh al-ayb is calculated by considering the value of the agreed-upon fabric and the value of the received fabric, and the difference between them is the due compensation.
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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