An Aalim differs with The Majlis regarding sale of defective things.

Answer

Voetstoets: Regarding this issue, the ruling of Hadhrat Uthmaan (Radhiyallahu anhu) applies to an item in which there is a major defect about which the seller is aware but conceals it.

The ruling of permissibility of ‗disclaimer' does not cover major faults about which the seller is aware, but which he deceptively conceals. It is haraam to cause such harm to others. A major defect which is likely to seize a vehicle's engine, must necessarily be revealed if known. In fact, even if the seller is not aware of a major defect, then too, he has to refund the buyer.

The Aalim Sahib who cited Shaami, etc. to support his view did not apply his mind. He merely looked at the surface - at the text- without understanding the gravity of deception which causes great takleef to the buyer of the damaged article.

If a person is aware or not aware that half of the box of fruit he is selling is rotten, the buyer's right to return the fruit is not cancelled by the ‗voetstoets' condition. This condition applies to small defects which do not severely affect the performance of the vehicle, etc.

We are not saying that selling something voetstoets is not permissible. We are saying that it is haraam to deceive. Deception and causing harm to others are haraam. There are severe warnings of punishment for haraam deception.

The Fuqaha were great Auliya. They did not formulate the masaa-il of Fiqh for legalizing fraud and deception, and for harming others. Circumstances should be taken into consideration when a mas'alah is extracted from a Kitaab of Fiqh. But for this some fear for Allah Ta'ala and sound Aql are necessary.

and how can we correct it if it is problematic? The father and all his daughters are still alive.

A.While the father is alive, the portions in the house should be demarcated. This will eliminate any future dispute/problem. The Hibah (Gift) will be rectified by the demarcation.