“I do not want it,” whereupon people will say, “Had it not had a defect, he would not have returned it,” and its value will consequently decrease. This has been narrated from Umar, may Allah be pleased with him (1).

If he sells him something while stipulating exemption from liability for every unknown defect, he is not exempted. If he sells him a house on the basis that it is ten cubits, but it turns out to be more or less, the sale is valid; and the option belongs to one who was unaware of this and whose intended purpose is thereby frustrated.

His statement, “If he sells him something while stipulating exemption from liability for every unknown defect, he is not exempted,” means that he sells him something. The verb “to sell” may take its object directly, or be used with “to” at times and “from” at others. Thus, “if he sells him” means: if he sells him something—the object has been omitted—and says, “On the condition that I be exempted from every unknown defect.” The purchaser replies, “Yes, you are exempted.” Such a condition is invalid. Therefore, if the purchaser finds a defect in it, he has the right to return it.

If the seller says, “This is a condition requiring you to put up with every defect it may have,” we say: This is an invalid condition, because the right to return an item due to a defect is established only after the contract has been concluded. Yet he stipulated it at the time of the contract, so it is invalid.

For example, he sells him a car on the condition that the purchaser exempt him from every defect. The purchaser says, “I exempt you.” This condition is invalid. Thus, if the purchaser finds a defect in it, he may return it. If it is said, “But has he not exempted him?”

We say: He exempted him before his right to return the item had been established, for the right of return is established only after the contract; at that point, it had not yet entered the purchaser’s ownership.

If, however, this occurs after the contract, the exemption is valid. For example, after purchasing it, the purchaser exempts him from every defect, and this is valid.