the exemption is valid, because he now owns it and owns the right to return it. Accordingly, if he sells it and, after the sale, the seller says, “I fear that it may have defects,” and the purchaser says, “I exempt you from every defect,” the exemption is valid, because he now owns it and owns the right to return it due to a defect. Thus, if it has a defect, he has waived that right.

This is the detailed ruling on this issue according to the well-known position of the madhhab. Accordingly, when those selling at car auctions call out, “I am selling you only the hood for twenty thousand,” although it is not worth that price, merely in order to exempt themselves from liability, saying, “You cannot make any claim against me,” and someone purchases it on this condition, the condition is void and invalid. If he finds a defect in it, then he may return it.

But if the condition is made after the sale has been concluded—for example, he says, “I fear that tomorrow you may find a defect in it, then come to me and say, ‘The car is defective.’” The purchaser replies, “I exempt you,” because at that point the purchaser is eager and does not care. Then he takes it away and finds that nothing in it is sound; he may not return it, because he exempted him after the contract.

However, the correct view on this issue is that chosen by Shaykh al-Islam Ibn Taymiyyah: if the seller knows of the defect, the purchaser has the right to return it in every case, whether the condition was stipulated at the time of the contract, before it, or after it.

If the seller does not know of it, then the condition is valid, whether it was stipulated before the contract, at the time of the contract, or after it.

The view adopted by Shaykh al-Islam is the correct one, and it is the view narrated from