The Applicability of Khiyar ul-‘Aib: Timeliness in Reporting Defects in Purchased Goods #

Original Question: If a buyer discovered defects in the goods purchased but only informed the seller two weeks later, is khiyar (right to rescind purchase or sale) still applicable?

There are several types of khiyar in shariah.

Among them is “khiyar ul-‘aib”, which a khiyar related to defect in goods.

In principle, for khiyar ul-‘aib to be valid, the buyer must inform the seller once the buyer discovers the defect to invoke the right to rescind.

Suppose a period has passed and the buyer has not informed the seller for a refund or exchange.

In that case, the right to rescind shall be invalid as it can be assumed that the buyer has accepted the items along with their defects, or there might also be an argument that the buyer caused the defects through its use.

For khiyar ul-‘aib to be applicable on this question, the buyer should inform the seller as soon as the circumstances allow him/her.