Heavenly Jewels

one and to conceal it is a major sin. The Holy Prophet � has said, "He who sells a defective item and did not reveal its fault, is always in the anger ofAl lah," or he said, "the angels always curse such a person. " (Jbn Majah) Another Hadeeth states, "One Muslim is a brother to another. It is not Halaal for a Muslim to sell a defective product to h i s Muslim brother before first disclosing the fault to him." (Ahmed, IbnMajah) Similarly, to reveal the defect of the Thamn (that which is exchanged for something bought) to the buyer is waaj ib. Ifwithout disclosing the defect, an itemwas sold, then it can be returned after the fault becomes known. This is known as Khiyaar-e-Aib. At the time of sale it is not necessary to say, "If there is a fault, then I will return it." Wether it is said or not, the buyer will have the right to return the Mabee, when the defect becomes known in any c � e. Therefore, ifbefore the sale, the buyer had no knowledge ofthe defect and only come to know ofit after buying it, wether it is minor or major, he has the right to Khiyaar-e-Aib, meaning, he can either take the Mabee for its full price or return it ifhe wants. It is not allowed to keep it and give a lowerprice for it. (Alamghiri) Yes, i f the seller himself l owers the price then this is a different matter alto g ether. Rule- At the time of the sale or gaining control over the Mabee, the buyer was alerted of the defect but knowing that it is defective, he still buys or takes possession over it, then Khiyaar-e-Aib will not be implaced. Similarly if the seller says, "I do not take responsibility for any fault," and the buyer agreed, then in this case also, Khiyaar will not be reserved. (Alamghiri) BAATIL AND FAASID BA'EE Ba'ee-e-Baatil is that in which no rukn ofsale is found or the item itself is not fit for Ba'ee. According to the Shariah, this sale has no credibility 269