Returning a fake item that was purchased while thinking that it was original
Question
I'd like to find out a masla regarding an item which was bought via WhatsApp.
A brother posted a picture of a blender in a such a packaging that it could not be seen that it's fake. It stated no guarantee nor warranty. Once the product was delivered, we found out that the blender was not original but rather a copy of the original. The advert did not state that its original neither fàke. I'd like to know if I'm obliged to take it and pay him or can I refuse him.
Answer
If the understanding of the sale was that it was an original item then he should refund it.
And Allah Ta'ala (الله تعالى) knows best.
References (Arabic / Urdu sources)
ومن اشتر شيئا لم يره فالبيع جائز وله الخيار إذا رآه إن شاء أخذه وإن شاء رده (مختصر القدوري، ص:81)
- Answered by
- Mufti Ebrahim Salejee (Isipingo Beach)
Fatawa SA is an independent, read-only index of fatawa already published by Mufti Online — Madrasah Ta'leemuddeen. It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.