Rescinding a sale with a Muslim who is not happy with his transaction Fatwa No: 33955
- Fatwa Date:3-2-2014
I am a woman who lives abroad. There was a woman who wished to buy an expensive electric device from me. She bought it at half its real price and she was the one who determined the price. After taking the device to her home and wanting to turn it on, she discovered that there was no proper electric current at her home, which is 220 volts. So, she asked me to take it back and give her the money. I refused because our condition was to take it back only in case it was broken down. However, she said that it was working and she tried it at the home of her sister where there was a suitable electric current. As the device was working well, I refused to take it back and give her the money she had paid. It should be known that the device is large and it is not possible to move it from one place to another without making scratches on the walls and the elevator. I live in an apartment block and I will have to pay the damages for any scratches to the owner of the building. My husband said to me that she had no rights upon us. Please advise. What should I do?
As-Salaamu ‘Alaykum.
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
If the case is as you mentioned, then it is a valid and binding sale. You do not have to take the device back. However, out of dealing with people in a good way and relieving their distress, you should take it back as long as it is not appropriate for her home. It is narrated in a Saheeh Hadeeth that the Prophet, sallallaahu ‘alayhi wa sallam, said: “Whoever rescinds a sale with a Muslim who is not happy with his transaction, Allaah Will Cancel his slip on the Day of Resurrection.” [Ahmad, Abu Daawood and Ibn Maajah]
In another Hadeeth, the Prophet, sallallaahu ‘alayhi wa sallam, said: “Whoever fulfills the needs of his brother, Allaah Will Fulfill his needs; whoever alleviates a hardship of his brother, Allaah Will Alleviate one of his hardships on the Day of Resurrection.” [Muslim]
Allaah Knows best.