Khiyaarur ruyat (the option of buying or returning an item) for defective items on online purchases

Question

I humbly request your guidance and a detailed, evidence-based response regarding the following scenario:

Our business sells pharmaceutical machines and occasionally encounters defective units. When a unit is defective, we explicitly inform potential buyers of the defect, share photos of it, and sell the machine at a discounted price. Despite being made aware of the defect, some clients later refuse to pay, citing the defect as the cause. Additionally, we sell various other electronic items through our online store.

In light of this, we request clarification on the following points:

1. Seller’s Obligation to Accept Returns: If the buyer refuses to pay or wants to return the machine on the basis of a disclosed defect, is the seller Islamically obliged to accept the return and refund the buyer?

2. Application of Khiyar-ur-Ruyah: Does khiyar-ur-ruyah (the option to inspect goods before finalizing a sale) apply to pharmaceutical machines sold with clearly disclosed defects?

3. Khiyar-ur-Ruyah in Online Sales: Does khiyar-ur-ruyah generally extend to products purchased online, where the buyer may only see images rather than physically inspecting the item prior to purchase?

Mufti Zakaria Makada · Accepted Answer

If the client purchases the machine without seeing it, then upon seeing it for the first time, he will have khiyaar e ruyat (i.e. the option of taking it or leaving it).

If the client is happy with the machine and takes it after the defect or fault was explained to him, then he will not have the right thereafter to return it due to that defect or fault being found in the machine as he was pleased to take the machine with that defect or fault in it.

If he was shown pictures of the machine, then too upon seeing it for the first time, he will have khiyaar e ruyat (i.e. the option of taking it or leaving it).

And Allah Ta'ala (الله تعالى) knows best.

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