Returning a Defective Item

9-9-2026 | IslamWeb

Question:

i bought an rc car without knowing all the buttons, i thought i can configure it out, because the seller has demonstrated on its used, i didn't saw the buttons fully, but i thought it does some features, apparently, there were extra buttons that doesn't do anything,

Answer:

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

The mere fact that some buttons do not work does not necessitate that this be considered a fault or defect, for they may be buttons for additional functions not supported in this model.

Generally speaking: the criterion for a defect is whatever normally causes a decrease in the value of the sold item, or defeats a legitimate purpose for which it was purchased. If the buyer finds the sold item defective, he has the option to return the item.

It states in Al-Mawsū'ah Al-Fiqhiyyah Al-Kuwaytiyyah: "The criterion for a defect in the sold item according to the Hanafis and Hanbalis is: whatever causes a decrease in the price according to the custom of traders, because the harm lies in the decrease of monetary worth, and that is through a decrease in value."

According to the Shafi'is: “it is anything that diminishes the item or its value in a way that defeats a legitimate purpose, if its absence is predominant in that category of goods, whether it coincided with the contract or occurred after it, before possession.”

According to the Malikis: “it is the existence of a deficiency in the sold item or the price, when the custom is soundness from it." [End of quote]

Ibn Qudamah  may  Allaah  have  mercy  upon  him said in Al-Mughni: "Whenever he – i.e., the buyer – becomes aware of a defect in the sold item that he was not aware of, he has the option between keeping it and rescinding [the sale], whether the seller knew of the defect and concealed it, or did not know. We know of no disagreement among the people of knowledge on this." [End of quote]

Allah Knows best

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