Bought used car with defective odometer

BUSINESS DEALINGS%0D%0A%0D%0AQ: Mufti Saheb; Assalaamu Alaykum%0D%0A%0D%0AIs it permissible for a person to disconnect the odometer (the meter that%0D%0Arecords the mileage) or register the vehicle late (for instance it was%0D%0Abought in 1998 and will be registered in 1999) so that he will fetch a%0D%0Ahigher price on the vehicle when it will be sold.%0D%0A%0D%0AA: Muhtaram%0D%0A%0D%0AAssalaamu %C1laykum Wa Rahmatullaahi Wa Barakaatuhu%0D%0A%0D%0AApart from other aspects of evaluating a motor vehicle, the fundamental%0D%0Aaspects are:%0D%0A%0D%0Aa) the model of the vehicle; and%0D%0A%0D%0Ab) mileage of the vehicle.%0D%0A%0D%0AThe later the model the higher the value. Similarly, a car with a lower%0D%0Amileage will have a better value than another identical car with a much%0D%0Ahigher mileage. To deliberately register a vehicle from its original model%0D%0Ato a later model, and to disconnect the odometer are acts of deception which%0D%0Ais strictly prohibited in the Shari%E1h.%0D%0A%0D%0AHadhrat Abu Hurayra (Radhiallaahu %C1nhu) narrates that Rasulullah%0D%0A(Sallallaahu %C1layhi Wasallam) prohibited the transaction of deception.%0D%0A(Mishk%E3t pg. 247; Qadeemi). Hadhrat Abu Hurayra (Radhiallaahu %C1nhu) also%0D%0Anarrates that once Rasulullah (Sallallaahu %C1layhi Wasallam) passed by a%0D%0Aperson selling grain. Rasulullah (Sallallaahu %C1layhi Wasallam) put his hand%0D%0Ainside the heap and found the grains which were on the inside to be wet. He%0D%0Aenquired from the owner the reason of the grains being wet. The person%0D%0Areplied that it was due to rain. Rasulullah (Sallallaahu %C1layhi Wasallam)%0D%0Arebuked him saying, 'Why did you not put the wet grains on top so that%0D%0Apeople may see it (to avoid deception). Whosoever deceives is not from among%0D%0Ame (my people).' (Mishk%E3t pg. 248; Qadeemi)%0D%0A%0D%0AWasila ibn Asqa (Radhiallaahu %C1nhu) narrates that he heard Rasulullah%0D%0A(Sallallaahu %C1layhi Wasallam) saying, 'Whoever sells a deficient item and%0D%0Adid not disclose it remains in the anger of Allah, or he remains in the%0D%0Acurse of the angels.'(Mishk%E3t pg. 249; Qadeemi).%0D%0A%0D%0A%3EFrom the above Ahaadith, it is deduced that any person selling his car must%0D%0Abe honest in his dealings by disclosing the appropriate model and correct%0D%0Amileage of the vehicle. It is not permissible to change the model or conceal%0D%0Athe actual mileage of the vehicle by disconnecting the odometer. If a person%0D%0Asold his car without disclosing the correct model and mileage, he will be%0D%0Aguilty of deceit and will be committing a great sin. The surplus monies%0D%0Areceived in lieu of such deception is Haraam and void of blessings. If the%0D%0Apurchaser of the vehicle purchased the vehicle believing it to be of a%0D%0Acertain model or of a lesser mileage, and later discovered that he was%0D%0Adeceived, he is entitled to return the vehicle to the dealer while the%0D%0Adealer is obliged by the Shari%E1h to accept the vehicle and refund the money%0D%0Aof the purchaser. (Hidaaya)%0D%0A%0D%0AThe purchaser cannot keep the vehicle and ask for a compensation for the%0D%0Adeficiency. If he does not want to return the car, it is his prerogative.%0D%0A%0AEven if the dealer sells the vehicle vootstoots, then too he is obliged to%0D%0Adisclose all major apparent deficiencies. However, if he did not do so, he%0D%0Awill be guilty of the crime and sin of deception. Nevertheless, in this case%0D%0Athe purchaser cannot return the vehicle and claim back his money.%0D%0A%0D%0AMufti Ebrahim Desai%0D%0A