‘It has a defect, so bear with it.’ In that case you are obliged to uphold the stipulation and not return the item; if you do return it, you have no rightful claim, and from the outset you should not have returned it.
Here, however, is a practice into which some people—Allah protect us—fall, and it is forbidden: a person sells something while knowing it is defective, then says to the buyer, “Look, I am selling you only what you see; accept every flaw that comes with it.” This is common in the car lots, the markets that operate beneath the loudspeaker. You will find the broker—the dallal—calling out at the top of his voice, “I am only selling you the tyres! I am only selling you the bonnet! I am only selling you such-and-such!” even though he knows that the vehicle has a specific defect but withholds that information in deceit—Allah save us. If he were to disclose it, the price would fall; by keeping silent he leaves the buyer uncertain—maybe it has a fault, maybe it does not—so the buyer pays more than he would have paid had he known the exact defect. The seller who relies on such a condition, even if the buyer agrees to it, will not be absolved on the Day of Resurrection if the item truly is defective; he will be called to account, and that stipulation will do him no good. The duty, whenever you know of a flaw in the merchandise, is to disclose it plainly: “This item has such-and-such defect.”
Now, if someone buys a car, keeps it for a day or two, does not detect any fault, and the seller had made no stipulation about defects, then later the seller wishes to disengage and says, “I am selling you what is before you—whether faulty or sound—I bear no responsibility,” that is unobjectionable.
The essential rule is this: anyone who knows of a defect in the goods must disclose it; whoever does not know may stipulate to the purchaser that the sale is final, with no returns or claims, and that is permissible.
Among the instances of fulfilling contracts is what takes place between the spouses at the time of marriage: the woman may set conditions or the man may set conditions, and whichever party those conditions are placed upon must honour them. For example, if she stipulates that she will not live with his family, he is obliged to fulfil that because