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The question

Is it permissible to take replacement fabric from the merchant for a symbolic price, knowing that the original fabric was not durable and tore after the first use, and the merchant claims that the defect is from the stitching?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the fabric is torn due to an action by the buyer, then the buyer has no right to recourse against the seller or the tailor. However, if it is torn due to a reason beyond the buyer's control, then there is a detailed explanation:

1. If it is torn due to a defect in the tailoring: The buyer may seek recourse against the tailor for the value of the fabric and the tailoring cost, because the tailor caused the damage to the garment. 2. If it is torn due to a defect in the fabric's manufacturing (whether through use or tailoring): The majority of jurists (Hanafis, Hanbalis, Shafi'is, and one opinion among Malikis) held that the seller is obligated to bear the cost of the fabric, because the sale pertained to something that is not of value due to its unsuitability for use. The Maliki school's established position is that the fabric is under the buyer's guarantee, because the defect occurred while in their possession. The preponderant opinion: Is the first opinion (the seller's guarantee) for two reasons: The defect that occurred was caused by the use for which the item was purchased, and the buyer is excused in this regard. The buyer consented to the item being sound, and if it turns out to be defective, it does not fall under His (Allah's) saying, Exalted is He: "O you who have believed, do not consume one another's wealth unjustly but only [in lawful] business by mutual consent."

Accordingly, the buyer has the right to recourse against the merchant or manufacturer for the value of the fabric and the tailoring cost.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
82163
Imported
Translation status
Source text, unreviewed
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