He sold a Car that had a Defect while he knew it

He sold a Car that had a Defect while he knew it


Question :

I bought a car and found that it had a slight defect. So, I sold it without informing the buyer of the defect. Is this considered cheating or not?


Answer:

Yes, this is considered cheating and it is well known that cheating is forbidden due to what is confirmed from the statement of the Prophet:
"Whoever deceives us, then he is not of us."

You must seek Allâh's forgiveness and repent to Him. You must also make haste to inform the buyer and let him know about what is wrong with the car regarding its defect. This is to free yourself of your responsibility. If he relinquishes his right (i.e., he decides to keep the car reparations) then all praise is due to Allâh. If he does not, then you should agree with him to pay the amount to cover (the repair of) the defect or take the car back and return the money to him. If you all cannot reach an agreement, then the case should be disputed with a judge giving judgment concerning your situation. If you are unable to find him (the buyer), then you should give charity on his behalf with the amount of money that would cover (the repair of) the defect.


Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 4 Pages 438-439

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