Short answer
Yes. Hiding a defect you know about is cheating and haram. The Prophet ﷺ said a Muslim may not sell his brother something with a defect without pointing it out, and that whoever cheats is not of us. The buyer may return the item when he finds a defect that existed at the sale.
Concealing a known defect is haram. A buyer who finds a defect that existed before he received the item has the option of returning it (khiyar al-'ayb) or keeping it at the full price. A seller may disclaim all defects (bay' bi-shart al-bara'a), and the buyer then loses the right to return, but concealing a defect he knows of is still a sin.
Other madhhabs
- Shafi'i
- A blanket disclaimer only protects the seller from hidden defects in animals that he did not know of; it does not cover defects he knew.
Explanation
The Prophet ﷺ once put his hand into a pile of food and found it wet underneath. He asked, "Why did you not put it on top so people could see it? Whoever cheats is not of me." He also said that buyer and seller who are truthful and make things clear are blessed in their sale, while if they hide and lie, the blessing of their sale is wiped out.
Common situations:
- Used cars: tell the buyer about accidents, warning lights, rust or repairs you know of. Do not reset fault codes before a sale.
- Phones and electronics: mention battery health, cracked parts, water damage or a lock.
- Houses: disclose damp, leaks, subsidence or disputes you know about.
- Online listings: photos that hide damage, or filters that change colour or condition, are a form of hiding.
- "Sold as seen": a disclaimer protects you from claims about defects you did not know. It does not make it lawful to hide one you did know.
If you have already sold something with a hidden defect, put it right: tell the buyer and offer to take it back or refund the difference in value.
The buyer's right to return applies when the defect existed at the sale, lowers the value in the eyes of traders, and was not shown to the buyer. Using the item after learning of the defect, in a way that shows you accept it, ends the right. See What are the rules of business in Islam? and Is it haram to scam people?
The evidence
Quran, Surah Al-Mutaffifin 83:1-3
بِسْمِ ٱللَّهِ ٱلرَّحْمَٰنِ ٱلرَّحِيمِ وَيْلٌۭ لِّلْمُطَفِّفِينَ ﴿١﴾ ٱلَّذِينَ إِذَا ٱكْتَالُوا۟ عَلَى ٱلنَّاسِ يَسْتَوْفُونَ ﴿٢﴾ وَإِذَا كَالُوهُمْ أَو وَّزَنُوهُمْ يُخْسِرُونَ ﴿٣﴾
Woe to those who give less [than due], Who, when they take a measure from people, take in full. But if they give by measure or by weight to them, they cause loss.
Giving people less than they paid for is condemned.
Quran, Surah An-Nisaa 4:29
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ لَا تَأْكُلُوٓا۟ أَمْوَٰلَكُم بَيْنَكُم بِٱلْبَٰطِلِ إِلَّآ أَن تَكُونَ تِجَٰرَةً عَن تَرَاضٍۢ مِّنكُمْ ۚ وَلَا تَقْتُلُوٓا۟ أَنفُسَكُمْ ۚ إِنَّ ٱللَّهَ كَانَ بِكُمْ رَحِيمًۭا ﴿٢٩﴾
O you who have believed, do not consume one another's wealth unjustly but only [in lawful] business by mutual consent. And do not kill yourselves [or one another]. Indeed, Allah is to you ever Merciful.
Money taken by deception is taken unjustly.
Sunan Ibn Majah 2246
Grading to be checked... لا يحل لمسلم باع من أخيه بيعا فيه عيب إلا بينه له ...
"It is not lawful for a Muslim to sell his brother something with a defect unless he points it out to him."
Disclosing known defects is a duty.
Sahih Muslim 102
Sahih... أفلا جعلته فوق الطعام كي يراه الناس من غش فليس مني ...
"Why did you not put it on top of the food so people could see it? Whoever cheats is not of me."
Hiding a defect is cheating.
Sahih al-Bukhari 2079
Sahih... فإن صدقا وبينا بورك لهما في بيعهما ...
"If they are truthful and make things clear, their sale is blessed."
Disclosure brings blessing to a sale.
Where the ruling is recorded
- al-Hidaya, Kitab al-Buyu', Bab Khiyar al-'Ayb. The buyer's option to return for a defect, and the validity of a disclaimer.
- Minhaj al-Talibin, Kitab al-Buyu', chapter on defects. The narrower Shafi'i scope of the disclaimer.
Checked by our team. For a more accurate answer to your own situation, consult a scholar. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.