La Tahzan Wa La Khauf

Don't Be Sad My Friends

PURCHASING AN ITEM WITHOUT SEEING IT

Principles Of Busines in Islam

Purchasing an item without seeing it

1. A person purchases an item without having seen it. This transaction is valid. However, once he sees the item, he has the right to return it or keep it. This is irrespective of whether there is any defect in the item or not. Even if the item is exactly as he had envisaged it to be, he still has the right to return it or keep it.

2. A person sold an item without even looking at it. This person who sells the item does not have the right to take it back after he sees it. Only the buyer has the right of returning an item after seeing it.

3. A hawker came selling peas. The top of the heap had all good quality peas. Upon seeing this, the buyer bought the entire basket of peas. However, the peas that were in the bottom of the heap were of an inferior quality. He still has the right to return them. However, if all the produce is of the same quality, it will be sufficient to see a few. Once he does this, he forfeits the right to return them irrespective of whether he sees all the produce or not.

4. A person bought guavas, pomegranates, coconuts or anything else which is generally not all the same. As long as the person does not see all the fruit, he will have the right to return them. By his seeing a few of the fruit, he does not forfeit the right to return.

5. If a person purchases something that is to be consumed (either by eating it or drinking it), he does not forfeit his right to return by merely seeing it. He should also taste it. If he does not like it, he has the right to return it.

6. A person had seen an item long ago. He purchased it today but did not look at it at the time of purchasing it (thinking that there is no need to do so since he had seen it previously). When he took it home, it was exactly as he had seen it a long time ago. After seeing it, he does not have the right to return it. However, if, after seeing it after so long, he notices some difference in it, he has the choice of keeping it or returning it.

Written By
Maulana Ashraf Ali Thanvi Rahmatullah Alaihi
Taken From: http://www.nazmay.com

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