The Book of Sales Transactions

The Buyer paid the Price but he did not take the Merchandise

Q: A man sold a camel to a Hajj pilgrim on the 8th day (of Thul-Hijjah) at Mina and the Hajj pilgrim paid him the cash based upon an agreement that he would receive the camel on the 10th day in Mina. However, the buyer did not come to get the camel on the promised date. After the end of the Hajj season, the buyer was still not present and the seller did not know his address. He simply sold the owner of the camel his camel and was free of it, and he received the price of it. So, what should he do with the money? Should he give it away in charity with intentions for him (the first buyer) or should he buy another camel in its place? This is while knowing that he (the first buyer) did not authorize it to be slaughtered or used for any dealing.

A: If the seller knows the name of the camel's owner, it is better for him to submit its price to the court in Makkah and inform them of the person's full name. Maybe he will be known and given his right. If he does not know the person, it is better for him to give the money in charity to the poor or use it in constructing Masjids with the intention being for the camel's owner. With this he frees himself of its responsibility and the owner of the camel is benefitted by that. If he submits the money to the court, he is also free of any responsibility, if Allah wills.

Ash-Shaykh Ibn Baz

You are not obligated to cancel the Sale if you fulfilled the Conditions

Q: I sold my car to someone and the agreement was finalized concerning its price. However, he gave me 700 riyals to keep the car with me until he could pay the rest of the price. Then, after about half a month, he came to me seeking to cancel the sale and get the money back that he previously paid for it. So, I refused to do that. Does he have the right to request this and what am I required to do now?

A: If you respond positively to his request and return his money to him, that is better, and you will have a great reward with Allah. This is due to the Prophet's statement: "Whoever remits to a Muslim his sale, Allah will remit for him his mistakes" (Abu Dawud no. 3460 and Ibn Majah no. 2199).

In reference to what is required, you are not required to remit it if the considered conditions of the sale had been met legally. And Allah is the Giver of success.

Ash-Shaykh Ibn Baz

He sold something then it became apparent that it was no good

Q: I am a man who sold something to another man one day. Then, eventually it became clear that the product was not suitable for his use and he tried to return it to me. However, I did not accept it from him. Then, he threw it at me and left, while knowing that when I sold it to him I thought that it was good and in working condition for use. I did not know that it was no good. So, now what is the position of the Islamic law regarding this transaction, and what is my position regarding this product? I hope for a beneficial answer regarding this, and I will be very grateful to you.

A: You are pardoned if you did not know that it was no good at the time of the agreement. Then, after he returned it and you learned that it was no good from the time before your sale, you should take it back and return its price to him. You may also make an agreement with him to exchange it for another that works or you may decrease some of the price as a penalty for the defect. Now, after the product has been returned, you must search for that buyer and reconcile with him in the manner that we have mentioned. If you do not know him, then you should give the money away in charity to the poor and intend the reward of charity for its owner. And Allah gives success.

Ash-Shaykh Ibn Jibreen