Not Telling the lack (deficiency) of merchandise, It's fraud (Cheating)
Question
Traders (Seller) must tell the lack or deficiency of merchandise
If we sell goods, there is a disgrace (deficiency) but we are silent .. how is the law?
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Answer:
Bismillah was shalatu was salamu 'ala Rasulillah, wa ba'du,
At its origin, silence and tell anything, not including lying. Assumed to lie, when someone conveys something that does not fit reality. While here, he is silent, so does not include lying.
There is a rule that Imam as-Syafii imparted,
لا ينسب إلى ساكت قول
"Speech is not returned to the silent."
As-Suyuthi declared this rule is delivered as-Syafii.
(al-Asybah wa an-Nadzair, pp. 142).
But this rule does not apply to silence made by the seller when transacting the sale and purchase.
Silence does not mention the disgrace (deficiency) of the goods that are known including cheats.
Why can it be called cheat?
Because the seller is silent when offering the goods, it is the same as declaring that the goods he sells are safe as you see them.
There is a rule stating,
الأصل في البيع أنه على شرط السلامة
Originally in the contract of sale and purchase must be in a safe condition.
That's why, when the A offers goods x for the price of a million, then after the study of the B, he agreed and done akad sale and purchase, in essence, the B has been rida (Agree) to buy goods at a price of a million for goods with the conditions as he sees. Thus, if there is any deficiency to the seller's KNOWN item, but it is NOT known to the buyer then the seller is obliged to notify.
If he does not tell, it is the same as stating that the condition of the goods matches what you see.
Mentioned in the hadith of Abu Hurairah Radhiyallahu 'anhu ,
That the Prophet sallallaahu 'alaihi wa sallam ever past a pile of food (wheat). Then he put his hand into the mound of food. It was wet inside.
He asked, "O food owner, why is this?"
"Affected by the rain ya Rasulullah ..." replied the food vendor.
Then he said,
أفلا جعلته فوق الطعام حتى يراه الناس », ثم قال:« من غش فليس منا
Why do not you put it on the surface, so that people can see it.
Then he said, "Who deceives (Cheat), not part of my community (Ummah)." (Narrated Turmudzi 1315 and al-Albani)
The food seller is not shouting to the market visitor that the wheat he sells is good. But he just kept the wet wheat inside so as not to be seen, then he was silent .. but this is called deceiving.
Thus, Allahu a'lam.
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