Can One Sell Excess Export Stock Which Has Defects to Local Buyers?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
We manufacture goods for brands based out of India, and occasionally, we have excess stocks and defects left over at our premises, usually stamped with the buyer’s brand names.
We don’t have any agreement in place with the buyer, so how do we deal with the excess stocks? Can we sell them to local wholesalers, considering the brand name is mentioned on the product?
Answer
In the Name of Allah, the Most Merciful and Compassionate
It would be permissible to sell such goods as you are the manufacturer, as long as you are not breaking the law of the country and you make the customers aware of such items having defects and manufactured and sold as such. [Ifta Department, Jordan; Taqi Usmani, Fiqh al-Buyu’]
Hakim ibn Hizam (Allah be pleased with him) reported that the Prophet (Allah bless him and give him peace) said, “Both parties in a business transaction have the right to annul it, as long as they have not separated. If they are truthful and clear with one another, there is a blessing in their transaction. If they lie and conceal something, the blessing of their transaction will be eliminated.” [Bukhari; Muslim]
Related
Iftaa’ Department – What is the Sharia ruling on selling counterfeit goods that hold the trademark of an international … (aliftaa.jo)
Can I Sell Counterfeit Items on eBay? – SeekersGuidance
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I pray this helps with your question.
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey.
He started his early education in the UK. He went on to complete hifz of the Quran in India, then enrolled into an Islamic seminary in the UK, where he studied the secular and Alimiyyah sciences. He then traveled to Karachi, Pakistan.
He has been an Imam in Rep of Ireland for a number of years. He has taught hifz of the Qur’an, Tajwid, Fiqh, and many other Islamic sciences to both children and adults onsite and online extensively in UK and Ireland. He was teaching at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences.
He currently resides in the UK with his wife. His personal interest is the love of books and gardening.
