following our guidance and way, for cheating does not take the cheat outside the faith. He is still counted among the believers, but he does not follow their guidance and path, because he differs from them in fulfilling the duty imposed upon him by Islamic law to sincerely seek his fellow Muslim’s good. Allah, Mighty and Majestic, says:
“The believers are but brothers.” [al-Hujurāt: 10]
The Prophet, peace and blessings be upon him, said:
“The believer is the brother of the believer: he attends his funeral when he dies, visits him when he is ill, and sincerely seeks his good, whether he is absent or present.”
He also said, peace and blessings be upon him:
“Do not hate one another, envy one another, or turn your backs on one another. Be brothers, O servants of Allah.”
It is therefore unlawful for a Muslim to sell a male or female slave, merchandise of any kind, a house, landed property, gold, silver, or anything else, knowing that it has a defect, however slight or serious, without explaining it to the buyer and making him fully aware of it, so that the buyer knows of it as well as he does. If he fails to do so, concealing the defect from him and thereby cheating him, he remains under Allah’s wrath and the curse of Allah’s angels. It is reported that Wāthila ibn al-Asqa‘ said: I heard the Messenger of Allah, peace and blessings be upon him, say:
“Whoever sells something defective without disclosing its defect remains under Allah’s wrath”—or, “the angels continue to curse him.”
His statement, “Whoever cheats us is not one of us,” may also be understood in its apparent sense concerning someone who cheats Muslims while regarding this as lawful. For whoever regards concealing defects and cheating in sales or other dealings as lawful is an unbeliever whose blood may lawfully be shed. He is to be called upon to repent. If he repents of this, he is spared; otherwise, he is put to death.
Section
Defects fall into two categories: those concerning which deception is possible, and those concerning which deception is not possible. A defect concerning which deception is not possible gives no grounds for returning the item while it remains available for return, nor for claiming compensation for the defect when return is no longer possible. This category comprises two types: (the first) a defect of which seller and buyer were equally unaware, and which was congenital, according to agreement, or was not congenital, according to a disputed view. There is no