Fatwa #4722911 January 2023United Kingdom
Selling a car which one is unsure of
Question
As Salaamu Alaikum Respected Mufti,
Few years ago, we had purchased few cars, we used these cars for some time and to our surprise one of these cars were seized when we crossed a border only to learn that it was a stolen car without recovering the car after seeking legal counsel. We have another two cars that were purchased from the same seller and are doubtful as to these cars either being stolen, rebuild or accident repaired too. The problem is that the paperwork on these cars are clear like the car that was seized except for there are only no service books. Is it permissible to sell these cars making the buyer aware of the fact that there are no service books only? We also don’t know whether the cars are maybe rebuilds, stolen, etc. so we too cannot inform the prospective buyer on any of these matters as it is an assumption.
Answer
Wa Alaykumus Salaam Wa Rahmatullahi Wa Barakaatuh.
In the Name of Allah, the Most Gracious, the Most Merciful.
Respected Brother in Islam,
In principle, it is the moral obligation of a Muslim businessman to only deal in such commodities which are authentic and not doubtful. If there are any deficiencies in a commodity, it is necessary for the seller to inform the purchaser of the defect, and it is Haraam to conceal a defect in an item of sale.
In the enquired situation, you have had a bad experience with vehicles purchased from a particular supplier. Due to this, there is doubt in other commodities purchased from the same supplier as well. However, the ‘Aib (defect) in the commodities has not been ascertained.
We advise that you get an official police clearance on the other two vehicles from this supplier. After it has been ascertained that these vehicles have not been stolen, you may sell them. It will not be necessary for you to inform the purchaser of your past experience with the supplier, and you may sell these vehicles by merely stating that there are no service books.
And Allah Ta’ala Knows best
Ebrahim Ibn Ahmed Dadan
Student Darul Iftaa
Pietermaritzburg South Africa
Checked and Approved by,
Mufti Ebrahim Desai.
(2021-02-06)