Misconception Surah 83 · Ayah 1

Does a good intention intercede for one



Does a good intention intercede for one

Question
The phenomenon of cheating is widespread in society. What is the attitude of Islam towards this phenomenon?



Answer

The phenomenon of cheating is widespread in society. What is the attitude of Islam towards this phenomenon?

In the Qur’aan, Allah has condemned cheating and the people who do it, and has warned them of bad consequences. This may be understood from the words (interpretation of the meaning):

“Woe to Al‑Mutaffifeen (those who give less in measure and weight).

Those who, when they have to receive by measure from men, demand full measure,

And when they have to give by measure or weight to (other) men, give less than due”

[al-Mutaffifeen 83:1]

This is a severe warning to those who cheat (by giving less) in weights and measures, so how about those who steal, embezzle and withhold from the people the things that are their due? These are more deserving of the warning than those who cheat in weights and measures.

The Prophet of Allah Shu’ayb warned his people against reducing the value of people’s property and cheating in weights and measures, as Allah has told us in the Qur’an.

Similarly the Prophet SAWS (peace and blessings of Allaah be upon him) cautioned us against cheating and issued a warning to the one who does this. The Prophet (صلی اللہ علیہ وآلہ وسلم)passed by a pile of food and put his hand into it, and his fingers touched something wet. He said, “What is this, O seller of the food?” The man said, “It got rained on, O Messenger of Allaah.” He said, “Why did you not put it (the wet part) on top of the pile so that the people could see it? He who deceives does not belong to me.” According to other reports, “He who deceives us is not one of us,” or, “He is not one of us who deceives us.” (Narrated by Muslim).

The wording of the version narrated by al-Nawawi, “he is not one of us”, is sufficient warning against cheating and sufficient deterrent against indulging in this heinous sin.

We need desperately to instill this message in our hearts so that we might stir the conscience and be aware that Allah is watching all that we do, without the need for any human supervisor.

The way we deal with this phenomenon and other destructive phenomena that exist in society should not be like a patient who has a problem in his appendix and needs surgery, but instead they heat up a poultice for him and put it on that spot to relieve the pain… for then the patient will die before they even think of calling the doctor.

Here we will examine the phenomenon of cheating, now that you know the warnings that apply to it.

Definition of cheating:

Al-Mannaawi said: Cheating is that which mixes bad with good.

Ibn Hajar al-Haythami said: the forbidden type of cheating is when the owner of the goods knows something which, if the would-be purchaser knew about it, he would not pay that amount of money for it.

Al-Kafawi said: cheating causes blackness of the heart and frowning on the face, hence this word (ghish = cheating or deceit) is also used (in Arabic) to refer to hatred or enmity.

Where cheating takes place:

The one who thinks about what happens in real life will find that many people engage in some form of cheating in all areas of their lives. Examples of that include:

1 – Cheating in buying and selling:

How often this happens nowadays in the marketplaces of the Muslims! It may take the form of concealing faults in goods or other ways such as deceiving people about the quality of a product, or its components, quantity, weight, essential features or source.

These are some of the ways in which that cheating is manifested:

1-Some fruit-sellers put a lot of leaves or papers in the bottom of the basket of fruit, then they put the best fruit at the top. In this manner they deceive the purchaser and cheat him by making him think that the basket is full from top to bottom, and that all the fruit is of the same quality as that which he sees on the top.

2-Some of them get food oil and mix it with perfume, with the larger proportion being of oil. Then they put it in glass bottles, and this substance smells like perfume, and they sell it for a low price.

3-Some traders buy a product in a very light wrapper, then they put it in a much thicker wrapper, maybe five times thicker. Then they sell the wrapper and its contents, weighing the whole lot and charging for both the wrapper and the contents.

4-Some traders do some light mending on clothes, then they sell them without explaining that they have been mended, rather they swear by Allah that they are new – may they perish!

5-Some of them may wear a garment until it loses its value, then they shorten it and put some starch in it, to make people think that it is new, and they sell it as if it is new.

6-Some perfume-sellers put some products, such as saffron, near water so that they may absorb the moisture, thus increasing the weight by approximately one-third.

7-Some vendors and shopkeepers make their stores very dark by using coloured lights, so that rough products will look smooth and ugly ones will look beautiful. The Shaytaan makes their evil deeds attractive to them.

8-Some goldsmiths mix gold with copper and the like, then they sell it as if it is pure gold.

9-Some of them buy clean second-hand gold, then they offer it for sale at the price of new without telling the purchaser that it is second-hand.

10-Some vendors at car auctions put thick oil in the car engine so that the purchaser will think that it is in good condition.

11-Some of them turn back the odometer, if it shows that the car has traveled a great distance, to trick the purchaser into thinking that the car has only been used a little.

12-Some of them, if they have a car that they want to sell and they know that it has a hidden fault, will say to the one who wants to buy it, “Try this car if you want to buy it,” without telling him anything about it. By Allah, this is cheating and deceit.

13-Some of them describe many faults in the car which are not real, with the intention of concealing the real faults of the vehicle behind these imaginary faults.

Even worse than that is when they do not mention the faults until after the sale has been made and the deposit paid, and the purchaser is not able to inspect the car and is not allowed to do so.

14-Some of them, if they have a car that they want to sell, will praise it and swear by Allah that it is good, and they will fabricate reasons why they want to sell it, but Allah knows all secrets and that which is yet more hidden.

15-Some of them agree with their friends to increase the price so that someone else will take it. This is the najsh (artificial inflation of prices) which the Messenger of Allah SAWS (peace and blessings of Allaah be upon him) forbade.

16-Another kind of cheating in selling is when butchers inflate the animal carcass that they want to sell so that the purchaser will think that it is all meat.

17-Some vendors at sheep auctions and places where chickens are sold feed the animals salt [to make them drink more and thus look fatter], so that the purchaser will think that they are fat when they are not.

18-Some owners of cattle etc. tie up the teats of milking-animals a few days before selling them so that this will look like milk when it is not.

  I leave it for you to add more examples of cheating in buying and selling that may cross your mind. May Allah protect you, if you are a seller or a buyer, from cheating or doing any of the things described above.

2 – Cheating in matters of marriage

These are some of the ways in which this cheating is manifested:

1-Some fathers may offer a man who comes to marry one of his daughters his youngest daughter who is still a virgin, then on the wedding night he finds out that he has been given the older, previously-married daughter. Some men can find no escape and no way out from such a marriage.

2-Some fathers and guardians of women show the suitor the daughter who is beautiful, then on the wedding night he finds out that he has been given a different daughter who is ugly, but he has no choice but to accept the situation.

3-Some fathers may conceal some sickness or fault that may be present in the daughter, not telling the suitor so that he may have a clear picture. Then when he goes in unto her on the wedding night he discovers the sickness or fault.

4-Some fathers and guardians of women, if the suitor asks to see the woman – which is permissible so long as the conditions stipulated in Islam are met – give him permission to do so after they fill her face will all kinds of colours and dyes, i.e. “make-up”, so that she will appear beautiful to him, but if he looked at her without that mask of make-up he would not be pleased with her. Is this not cheating which leads to great corruption of the rights of both husband and wife?

5-Some guardians marry off the female under their care without making the effort to find out about the suitor and how religiously committed he is or what his attitude is like. This is a kind of cheating and wrongdoing against the wife.

6-Another kind of cheating in marriage is when the suitor pretends to have what he does not, to make it appear that he is a man of status and that he owns a lot of real estate and cars. He may even go to the extent of hiring a luxury car, spending hundreds of riyals, to give the impression that he owns it, when in fact he does not own anything.

7-Another kind of cheating is when some people praise the suitor before the people whose daughter he wishes to marry, speaking of him in the highest terms and describing him as one who prays and is righteous, even though this suitor does not even know the way to the mosque.

Enough of this cheating and deception which destroys homes and breaks up families!

8-A form of cheating done by some women – especially those who are older – is when they file their teeth to create nice-looking gaps between them, thus making an older woman look young, so that the suitor will think that she is young, then when he marries her he discovers that she is very old. The Prophet SAWS (peace and blessings of Allaah be upon him) cursed the women who file their teeth for the purpose of beauty and alter the creation of Allah.

3 – Cheating in naseehah (sincere advice)

The whole point of giving advice is to help a person meet his worldly objectives or his religious objectives. One of the mutual rights of brotherhood among the believers is to be sincere towards one another, and the hypocrites are cheats.

The believer is the mirror of his brother, so if he sees some fault in him he should correct it. Sincerity means refraining from harming the Muslims, teaching them about matters of their religion of which they are unaware, and helping them to adhere to it in word and in deed, covering their faults, filling their gaps, warding off harm from them, bringing things that will benefit them, enjoining what is good upon them and forbidding what is evil in a kind and sincere manner, showing compassion towards them, respecting their elders, being merciful towards their young, giving them good advice and choosing the appropriate time for doing so, loving for them what one loves for oneself of goodness and hating for them what one hates for oneself of disliked things.

Al-Haafiz Abu’l-Qaasim al-Tabaraani narrated with his isnaad that Jareer ibn ‘Abd-Allaah al-Bajali (may Allah be pleased with him) commanded his freed slave to buy a horse for him. So he bought him a horse for three hundred dirhams, and he brought the horse and its owner to him so that he could pay him the money. Jareer said to the owner of the horse – look at this sincerity – “Your horse is worth more than three hundred dirhams. Will you sell it for four hundred dirhams?” He said, “Yes, O Abu ‘Abd-Allaah.”

He said, “Your horse is worth more than four hundred dirhams. Will you sell it for five hundred dirhams?” He kept increasing it by one hundred each time, with the owner agreeing and Jareer saying, “Your horse is worth more than that,” until he reached eight hundred, for which price he bought it. And he said concerning that, “I gave my oath of allegiance (bay’ah) to the Messenger of Allah SAWS (peace and blessings of Allaah be upon him) that I would be sincere towards every Muslim.”

4 – Cheating in positions of authority

It was narrated that Ma’qal ibn Yassaar al-Muzani (may Allah be pleased with him) said during his final illness: “I heard the Messenger of Allah SAWS (peace and blessings of Allaah be upon him) say: ‘There is no person whom Allah has put in a position of authority and he dies on the day he dies cheating those under his authority, but Allah will forbid Paradise for him.’” This was narrated by al-Bukhaari and Muslim; this version was narrated by Muslim. According to one of the two versions narrated by al-Bukhaari: “There is no Muslim whom Allah places in a position of authority over people and he is not sincere towards them, but he will not smell the fragrance of Paradise.”

This is a stern warning which includes everyone whom Allah has placed in a position of authority, whether great or small, starting from the individuals of a royal family. Everyone must be sincere towards those who are under their authority, and not cheat or deceive them.

So an employee must be sincere in his work and do it in the manner required by sharee’ah, without cheating or deceiving anyone, and without delaying work for people. He should realize that he will stand before Allaah and that Allaah has only given him this job so that he can be sincere towards the Muslims.

Similarly a father must be sincere towards his children and not neglect their upbringing, rather he must do all that he can to save himself and his children from a Fire (Hell) whose fuel is men and stones, over which are appointed angels stern and severe (cf. al-Tahreem 66:6).

Ibn al-Qayyim (may Allah have mercy on him) said: “How many people have caused misery to their own children, the apples of their eyes, in this world and in the Hereafter, by neglecting them, not disciplining them, encouraging them to follow their whims and desires, thinking that they were honouring them when they were in fact humiliating them, that they were being merciful to them when in fact they were wronging them. They have not benefited from having a child, and they have made the child lose his share in this world and in the Hereafter. If you think about the corruption of children you will see that in most cases it is because of the parents.”

(Tuhfat al-Mawlood, p. 146)

5 – Cheating in exams

How many ways and means of cheating there are among the students! The reason for that is the lack of any religious deterrent, weakness of faith, and the lack of any sense that Allah is always watching.

Our Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said: “It was narrated that the Messenger of Allaah SAWS (peace and blessings of Allaah be upon him) said: ‘Whoever cheats us is not one of us.’ This includes cheating in dealing with others and cheating in exams, including English-language exams. It is not permissible for students to cheat in exams in any subject, because of the general meaning of this hadeeth and other similar reports. And Allaah is the Source of strength.”

These are some of the ways in which cheating is manifested, and there are others, for this is just a drop in the ocean,

“so that those who were to be destroyed (for their rejecting the Faith) might be destroyed after a clear evidence, and those who were to live (i.e. believers) might live after a clear evidence”

[al-An’aam 8:42 – interpretation of the meaning]

To everyone who has committed some form of cheating, whether it is mentioned here or not, we say: fear Allaah and remember that the Knower of the Unseen is always watching you. Remember His punishment and torment:

“Verily, your Lord is Ever Watchful (over them)”

[al-Fajr 89:14]

Realize that this world is transient and that the Reckoning will examine the smallest details; righteous deeds benefit one's children while bad deeds adversely affect them.  Allaah says (interpretation of the meaning):

“And let those (executors and guardians) have the same fear in their minds as they would have for their own, if they had left weak offspring behind. So let them fear Allaah and speak right words”

[al-Nisa’ 4:9]

Whoever ponders the meaning of this aayah will fear the bad effects that evil deeds may have on his children and will refrain from them lest something like this happen to them.

And it should be noted that cheating is very harmful, which may be explained as follows:

The harmful effects of cheating include:

1-Cheating is a way that leads to Hell.

2-It is indicative of the mean and evil nature of a person. No one does this except one who is ignoble and does not care about his soul, so he causes it to indulge in that which will cause its doom and destruction.

3-It alienates one from Allah and from other people.

4-It causes one’s du’aa’s not to be accepted.

5-It causes one to be deprived of barakah (blessing) in one's wealth and one's life.

6-It is indicative of a lack of faith.

7-It is the reason that leads to being overpowered by the oppressors and kaafirs. Ibn Hajar al-Haythami said: “Because of these evil actions – i.e., cheating – that are committed by traders, workers and craftsmen, Allah caused the oppressors to gain power over them and take their wealth and violate the sanctity of their women. Indeed, He enabled the kuffaar to gain power over them, so they took them prisoner and enslaved them, and made them taste all kinds of torment and humiliation.

Cases where the kuffaar gained power over the Muslims, taking them prisoner and confiscating their property, taking their wealth and women, have happened a great deal in recent times, because of evil deeds that traders and others have committed, cheating in many different ways, because of the enormity of these crimes, deceit and trickery by means of which they took the wealth of the Muslims in any way they could, and did not feel that Allah is always watching them.


Question

I am asking you a question about cheating.I have know friends who are muslims and are cheating and I also have been cheating and helping others into cheating too.I know that it is haram but the only reason why I cheat sometimes is because my family expects  me to do very well in school and sometimes when I dont cheat I sometimes get bad scores,but not all the time I do cheat and also this is the same reason that's goes with my friends since they are scared of their family since they might be strict on him for not having bad grades, and we would like to know on how to stop ourselves from cheating and how to deal with our family if our grades are horrible since our family will make a big deal that we got a horrible grade.We sometimes try to stop ourselves from cheating but we can't help it,please do help us in this situation.And one more question.My friend had to finish an exam at home but the teacher didn't told her to use her worksheets to help her on the exam since her teacher made her only to swear that she will never tell anyone that she will be finishing the exam at home.My friend used some of the worksheets but is going crazy and worrying a lot about it since she thinks she cheated even though the teacher didn't made her to swear that she won't cheat on the exam, and made a decent grade on it though not an Question

I am asking you a question about cheating.I have know friends who are muslims and are cheating and I also have been cheating and helping others into cheating too.I know that it is haram but the only reason why I cheat sometimes is because my family expects me to do very well in school and sometimes when I dont cheat I sometimes get bad scores,but not all the time I do cheat and also this is the same reason that's goes with my friends since they are scared of their family since they might be strict on him for not having bad grades, and we would like to know on how to stop ourselves from cheating and how to deal with our family if our grades are horrible since our family will make a big deal that we got a horrible grade.We sometimes try to stop ourselves from cheating but we can't help it,please do help us in this situation.And one more question.My friend had to finish an exam at home but the teacher didn't told her to use her worksheets to help her on the exam since her teacher made her only to swear that she will never tell anyone that she will be finishing the exam at home.My friend used some of the worksheets but is going crazy and worrying a lot about it since she thinks she cheated even though the teacher didn't made her to swear that she won't cheat on the exam, and made a decent grade on it though not an EXCELLENT grade on it though.What should we do?

Answer:

Praise be to Allah

Cheating is haraam, whether it is in buying and selling, or in exams, or any other matter, because of the general meaning of the words of the Prophet (blessings and peace of Allah be upon him): “Whoever cheats is not one of us.”Narrated by Muslim, 102 from the hadeeth of Abu Hurayrah (may Allah be pleased with him) 

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: 

Cheating in exams is forbidden; in fact it is a major sin, especially since this cheating will lead to a number of things in the future, it will affect the person’s salary and position, and other things that are needed in order to succeed.

End quote. 

Fataawa Noor ‘ala ad-Darb, 24/2 


Similarly, it is not permissible to cheat with the aim of pleasing one’s father or mother, because it is not permissible to seek to please them by disobeying Allah in any circumstances. Ibn Hibbaan narrated in his Saheeh (276) that ‘Aa’ishah (may Allah be pleased with her) said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “Whoever seeks to please people by displeasing Allah, Allah will be displeased with him and cause people to be displeased with him.”

Classed as saheeh by al-Albaani in Saheeh at-Targheeb, 2/271. 

Al-Bayhaqi narrated in Shu‘ab al-Eemaan (209) that Ibn Mas‘ood (may Allah be pleased with him) said: You cannot attain the pleasure of Allah if you try to please people by displeasing Allah. 

Undoubtedly parents do not want their children to grow up cheating or to get good grades by means of cheating; rather they want their children to succeed by their own efforts. 

The one who wants to succeed and get high grades has to be serious, work hard and revise, not cheat, because cheating is something that people dislike and the cheat is despised by all people. Cheating is contrary to truthfulness and honesty, and it is akin to lying and treachery, so the sensible person avoids it. 

Once the Muslim understands that this is the nature of cheating in exams, and follows the example of those who study hard, he will recognise this blameworthy characteristic and avoid it. 

With regard to the teacher allowing the female student to complete the answers to the exam at home, this is a betrayal of the trust that has been given to her. Moreover it is unfair to others who were not given this opportunity – even if we assume that the system allows it, which is something we cannot be certain about – and was a cause of cheating becoming easy for this student, by means of which she got high grades that she did not deserve. 

Shaykh Ibn Baaz (may Allah have mercy on him) was asked about cheating in school tests, if the teacher is aware of it? 

He said: 

Cheating is haraam in exams just as it is haraam in transactions. No one has the right to cheat in tests in any subject, and if the teacher approves of that then he is a partner in the sin and betrayal. End quote 

Majmoo‘ Fataawa Ibn Baaz, 6/397 

And Allah knows best

grade on it though.What should we do?

https://islamqa.info/en/answers/175744/it-is-not-permissible-to-cheat-in-exams-no-matter-what-the-motives


Question

A student in a university located in a country of kuffar has cheated in some exams. He then moved to the second year. He does not think he did something haram. As the prophet said “who cheats us is not one of us” and us here means Muslims. What is the ruling on this?.

Answer

Praise be to Allaah.

It is not permissible to cheat in exams, because of the general meaning of the evidence that forbids cheating, which includes cheating (or deceiving) in buying and selling, in giving advice, in contracts and treaties, in matters of trust, in school and university exams, and so on, because the Prophet (peace and blessings of Allaah be upon him) said: “The one who cheats (or deceives) us is not one of us.” Narrated by Muslim (101). 

Muslim (102) also narrated from Abu Hurayrah (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever cheats (or deceives) does not belong to me.”  

This wording indicates that cheating and deceiving is forbidden in all cases, whether it is deceiving a Muslim or a kaafir. 

Moreover, cheating in exams results in a number of negative consequences and sins, such as: 

1-Taking what one is not entitled to, which is the certificate that results from the exam.

2-Consuming wealth unlawfully, if one gets a job with that certification.

3-Corruption of work, administration and specialities, due to the presence of one who is not qualified or suited for the work.

4-Involvement in bribery, for which those who are engaged in it are cursed, if the one who is cheating pays someone money to enable him to cheat.

Moreover, these people who cheat in the kaafir lands bring these certificates back to the Muslim lands, and some of them reach high positions, so the matter affects Muslims too, and he may be deceiving Muslims as well. 

To sum up, all kinds of cheating and deceiving are haraam, and it is an evil and corruption, whether it happens in a Muslim land or in a kaafir land. What the one who has done that must do is repent to Allaah and not do it again. 

And Allaah knows best

https://islamqa.info/en/answers/95776/cheating-in-exams-in-kaafir-countries


Question(Deceiving and lying are not permitted in dealings with others

)

We have a shop selling auto parts. When we want to write the bill for the customer, we deduct part of the amount, but he asks us to write the original price on the bill, and he does that because the product is not for him. What is the ruling on that?

Answer

Praise be to Allaah.

If this involves deceit and cheating, it is not permissible under any circumstances. It is haraam for you to give him a bill stating more than the amount which he paid in order to take money from the state or any other body for this bill. This is deceit and cheating, and is not allowed. And Allaah knows best.


Source: Sheikh Muhammed Salih Al-Munajjid

https://islamqa.info/en/answers/9345/deceiving-and-lying-are-not-permitted-in-dealings-with-others


Question

I work in a factory that produces milk and milk products. Since the crisis that affected raw materials used in milk production, the owner of the factory began to reduce the amounts. According to international standards we should put 1030 grams, i.e., the equivalent of 1 litre, but since that crisis he puts 1000 grams instead of 1030, even though the state supports him with raw materials. But when he is being watched he asks his employees to go back to the original amount, i.e., 1030 grams.  

My question is: 

Firstly: is this action permissible?  

Secondly: is it permissible to work in this case?  

If it is not permissible, should I leave this job straightaway or should I wait until I find another job?.

Answer

Praise be to Allah.

The factory putting 1000 grams instead of 1030 grams is a kind of cheating and is haraam. Cheating is a major sin, because the Prophet (blessings and peace of Allah be upon him) said: “Whoever deceives is not of me.” Narrated by Muslim (101). 

It is not permissible for the worker to do that even if the owner of the factory instructs him to do it, because there is no obedience to any created being if it involves disobedience towards the Creator, because the Prophet (blessings and peace of Allah be upon him) said: “There is no obedience if it involves disobedience towards Allah; obedience is only in that which is right and proper.” Narrated by al-Bukhaari (7257) and Muslim (1840). And he said: “There is no obedience to any created being if it involves disobedience towards Allah, may He be glorified and exalted.” Narrated by Ahmad (1089). 

What is required is to advise the owner of the factory and remind him that cheating is haraam, as well as reminding him of the seriousness of consuming haraam wealth. If he responds, praise be to Allah, but if he persists it is not permissible for you to take part in that cheating. If you can do your work without being involved in haraam actions directly or helping in them, then it is permissible to stay until you find another job in which you will be free from sin and evil and keeping company with those who do it. 

But if you cannot work without being directly involved in cheating, then it is not permissible to you to stay in the factory; rather you should give up the job and look for another job, and you will find one in sha Allah. Allah guarantees to the one who fears Him that He will grant him a way out and goodly provision. Allah, may He be exalted, says (interpretation of the meaning):

“And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty).

3. And He will provide him from (sources) he never could imagine. And whosoever puts his trust in Allah, then He will suffice him. Verily, Allah will accomplish his purpose. Indeed Allah has set a measure for all things”

[al-Talaaq 65:2-3]

And the Prophet (blessings and peace of Allah be upon him) said: “You will never give up something, fearing Allah, may He be glorified and exalted, but Allah will give you something better than it.”

Narrated by Ahmad (20739); classed as saheeh by Shu‘ayb al-Arna’oot in Tahqeeq al-Musnad. 

And Allah knows best.

https://islamqa.info/en/answers/148955/the-owner-of-the-factory-is-cheating-in-weights-and-measures-should-he-carry-on-working-with-him


(Her brother cheated her and bought her share for a very low price, and is refusing to give her anything on the grounds that she agreed to the sale)

Question

My father died and left behind a tannery; my brother took over running it and he was paying us rent. Two months ago, I asked him to buy my share, because I needed the money. I did not know the value of my share, and I did not ask anyone, because I trusted my brother. So he bought it for 60,000 pounds. Two weeks later, he bought from the rest of my sisters their shares in the tannery, paying each one 160,000 pounds, i.e., more than double (what he had paid me). I found out that the government estimated it at a higher price, because the business is going to be moved, and he knew and my sisters all knew, except me. Now he has cheated me, because he knew the real price, but when I asked him to give me the rest of the money, he said to me: You sold it and you agreed (to that price), and I bought it. Do I really have no right to ask for the rest of my dues like my sisters? Or will he bear a burden of sin, and is he obliged to give me the rest of what is due to me, because he deceived me?

>Answer

Praise be to Allah.

Firstly:

If someone sells something to another person who is unaware of its real price and did not bargain about the price, trusting the purchaser to be honest, then finds out that he was cheated, he has the choice to annul the deal.

He has the right to ask the purchaser for the rest of the price, and if the purchaser refuses, then the seller has the right to cancel the deal, take back the items sold, and give back to the purchaser the price that he paid.

The fuqahaa’ differed with regard to the percentage of the price that is regarded as cheating – whether it is one third or one fifth or what is regarded by traders as being unfair and cheating – but if your brother bought from your sisters their shares, which were the same as your share, for 160,000, and this was the market price, then what happened to you is cheating and is unfair according to scholarly consensus.

It says in Kashshaaf al-Qinaa‘ (7/435) regarding one who has the right to cancel a deal that is regarded as unfair and cheating: … the third case is one who entered into a transaction on the basis of trust. What is meant here is one who was unaware of the real value, whether he was a seller or a purchaser, and is not good at bargaining. He has the option of annulling the deal if he was cheated of the percentage mentioned above, i.e., by a percentage that is out of the ordinary, because that unfair deal took place because of his ignorance (of the real value). Therefore he has the right to annul the deal.

But in the case of one who has experience and is aware of the price of the item sold, but enters into a transaction knowing that the price is unfair, and one who accepts an unfair price because he was in a hurry to sell, and if he had paused to think and had not rushed, that unfair transaction would not have taken place – in these cases they do not have the right to annul the deal, because there was no cheating or deceit in this case. End quote.

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: If someone buys an item for 2500 riyals, when it is only worth 1500 riyals, if the seller knew that the price was 1500 riyals, but he knew that this man was a stranger who did not know prices, and he sold it to him for 2500, then he is sinning and it is not permissible for him to do that; if the buyer finds out, then he has the right to annul the deal, and this is described as an annulment due to an unfair deal, because 1000 out of 2500 is a lot. But if it was slightly unfair, such as a 10% difference, then that does not matter, because people commonly do deals that involve slight overcharging or undercharging.

But if the seller does not know – for example, if the price is 2500 but prices have fallen, and the seller is unaware of the fall in prices, then the seller is not sinning, but the purchaser still has the right to annul the deal, because he has been subject to an unfair deal.

End quote from Liqaa’ al-Baab al-Maftooh (56/14).

And he (may Allah have mercy on him) said: if someone were to ask: is it possible for the seller to enter into an unfair deal and be cheated?

The answer is: Yes, this happened a great deal, especially in earlier times. For example, a trader might know that sugar was rising in price, so he would go to people who had sugar and buy all that they had at the current price, when they did not know that its value had risen. This is undoubtedly unfair and is cheating, and the sellers were not being negligent when they sold it at that price, because when they sold it they thought that that was the correct value and that the prices were stable.

To sum up: just as the purchaser has the right to cancel the deal if he finds out that he got into an unfair deal, the seller also has the right, if he finds that he got into an unfair deal, to cancel the deal. There is no difference in that regard.

End quote from ash-Sharh al-Mumti‘ (8/303).

Secondly:

The right to cancel an unfair deal gives the one who finds that he has been cheated the choice between annulling the deal or going ahead with the deal without any compensation.

Some of the scholars said: he has the right to choose between cancelling the deal or going ahead with the deal with compensation, which is to make up for the difference in price.

According to the first view, you have the right to cancel the deal, then to sell your share for the price that you want.

According to the second view, you have the right to go ahead with the deal and to be given the difference, which is 100,000.

It says in Kashshaaf al-Qinaa‘ (3/212):

The purchaser has a choice between returning the goods or keeping them.

Ibn Rajab said in Sharh al-Arba‘een an-Nawawiyyah: The price should be reduced for the purchaser to a level that is fair, if he has been cheated, and the extra amount should be returned to him if he has already  paid it.

And Allah knows best.


Imported from the original Quranicpedia article archive.