Finding Defect in Merchandise after the Sale

1. A number of our people have narrated from Ahmad ibn Muhammad from Ibn Abi ‘Umayr from al-Hassan ibn ‘ Atiyyah from ‘Umar ibn Yazid who has said the following: “‘Umar and I were in al-Madinah and ‘Umar sold sacks made in Hirat, every cloth for so and so amount. They took them and divided among themselves but they found one defective piece and returned it. ‘Umar said to them, ‘I can pay you the price for which I sold to you.’ He said, ‘No, we take from you the price of the cloth.’ ‘Umar mentioned this before abu ‘Abd Allah (a.s.), and he (the Imam) said, ‘He must do so (as he is asked to do).”’ (The pronoun ‘He’ can apply to either one of seller or buyer but its applying to the buyer has greater support in the principles of the system of Shari ‘ah)

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

2. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Jamil from certain persons of our people who has said the following: “I once asked one of the two Imam, (abu Ja’far or abu ‘Abd Allah), ‘Alayhim al-Salam, about the case of a man who buys cloths or goods and finds defects in it. He (the Imam) said, ‘If the item is exactly as it was, he can return and get back what he has paid and if the cloth is cut or stitched or dyed he must pay for the loss.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

3. A number of our people have narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from Fadalah from Musa ibn Bakr from Zurarah who has said the following: “Abu Ja‘far (a.s.), has said, ‘Whoever buys something and finds defect in it or injuries that does not get well which was not apparent to him (when buying) and he then does some changes in it after taking delivery then finds out about the defect or injury, he must approve the sale and ask for the refund of the cost of the defect or injury from the price of the item (he has paid).”’

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.