Returning rotten food products to seller
28-12-2017 | IslamWeb
Question:
Assalamu alaykum. Imagine that someone bought some products like eggs, fruits, or any other goods, and then after going home he noticed that these products were rotten or damaged. In that case, is the seller bound to take back the goods and return the money? Notice that there was no agreement between both parties regarding taking back the goods if damaged.
Answer:
All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
The preponderant opinion of scholars is that the buyer may return the defective products whose condition cannot be known except after cutting them and making changes to them, such as eggs and fruit like watermelon and the like. If the buyer discovered that they are rotten or damaged, he is entitled to return them to the seller and demand a refund because that sale contract has turned out to be defective given the fact that the sold product is of no benefit, even if the return and refund were not stipulated in the contract (i.e. were not agreed upon between the buyer and seller).
The Hanafi book Al-Mabsoot reads, "The same applies to watermelons, pumpkins, and fruits in general if he (the buyer) found out that they are rotten after cutting them open. If they are worthless, the seller must refund the whole price, because the sale transaction turned out to be invalid."
The Hanbali book Al-Insaaf reads:
"If he buys what is edible on the inside and found out that it is rotten, if it is worthless when broken, such as chicken eggs, the buyer is entitled to a full refund. This is the view of our school of Fiqh. If it is still worth something when broken, such as ostrich eggs, coconut, or watermelons that are still usable and the like, he is entitled to a compensation for the defective part (known as Arsh Al-‘Ayb, or compensation for a defect). Another opinion holds that the buyer is given the choice either to get a compensation for the defective part or to return the item and its missing part and get a refund... This is the view held by Az-Zarkashi, and it is the most just of the scholarly opinions in this regard."
Some scholars held that the buyer is not entitled to a refund except if this was a condition that he stipulated at the time of sale or if this is the customary practice. The Maaliki book Bulghat As-Saalik reads, "The buyer is not entitled to return the item whose inside cannot be seen except after making changes to it by breaking it open, cutting, or sawing it and the like such as wood mites ... and the bitter cucumbers or watermelons unless it is stipulated as a condition at the time of sale. In that case, the condition applies and the item is returned ... the customary practice is regarded like the condition."
Allah knows best.