What Is the Ruling on Refunding Worn Shoes?

Answered by Shaykh Faraz Rabbani

Question

I bought shoes for my son, and after about a month of wear, we found that the two shoes were different sizes.

I told the manufacturer that my son had kept wearing them and sent photographs showing both the fault and the wear, and they have offered a full refund. May I accept it?

Answer

In the Name of Allah, the Merciful and Compassionate

Yes, you may return the shoes as requested and accept the full refund. Do so with a clear heart and no worry.

The refund comes to you in a way you might not expect. The shoes were faulty when you bought them. In the Hanafi school, a fault at the time of sale gives the buyer the option of defect (khiyar al-ayb). But this option does not remain after later events.

Al-Majalla, the Ottoman code of Hanafi law, states that if a new defect appears while the goods are with the buyer and an old defect is then discovered, the buyer cannot return them. Instead, the claim is only for a price reduction.

A month of wear is a new fault. If your son kept wearing the shoes after you noticed the mismatch, that would be considered accepting the fault.

So you could not have demanded this refund. But you did not ask for it; they offered it to you.

A sale can be undone if both sides agree. This is called rescission by mutual consent (iqala). Al-Majalla makes this clear: both parties may end the sale by agreement after it is completed.

The code even mentions a case like yours. If the seller agrees to take back goods with an old fault after a new fault has appeared, the claim for a price reduction no longer applies. The buyer can return the goods or keep them.

The manufacturer’s offer is this agreement. It gives you a new, valid reason to return the shoes, even if your earlier right had expired.

The only thing that could have made this doubtful is hiding the truth. But you were open: you told them the shoes had been worn, and your photos showed both the wear and the fault.

They made their decision with full knowledge, and the price was theirs to release. This is the mutual consent Allah Most High asks for in trade.

يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ لَا تَأْكُلُوٓا۟ أَمْوَٰلَكُم بَيْنَكُم بِٱلْبَـٰطِلِ إِلَّآ أَن تَكُونَ تِجَـٰرَةً عَن تَرَاضٍ مِّنكُمْ

“O you who believe, devour not your wealth between you through falsehood; But only through trade by your complete mutual consent.” [Quran 4:29; Keller, The Quran Beheld]

The virtue in this exchange is theirs. You owe nothing for the month your son used the shoes. If you wish, you may offer something in thanks, but you are not required to.

One point to check: if you bought the shoes from a shop rather than the manufacturer, their payment is a voluntary act of goodwill, not a formal return of the sale. They are free to offer it, and you are free to accept it. The ruling is the same in both cases.

Their Consent Is What Makes the Refund Lawful

The key principle here is consent. A seller may release what belongs to him, and once he does, you are not taking more than your right. Return the shoes as agreed, keep your records, and let your heart be at ease. Your honesty in this matter is praiseworthy, and it will benefit you in greater matters as well.

And Allah knows best.

[Shaykh] Faraz Rabbani

Related Answers

Mawlana Ilyas Patel, Is It Permissible for the Seller to Cancel a Sale after Agreeing to a Sale? – Explains that a concluded sale binds both parties, while mutual rescission (iqala) remains permissible.

Mawlana Ilyas Patel, Is Cancelling a Sale Unilaterally Impermissible? – Explains when cancelling a sale and returning the full payment may be permissible, particularly when the seller cannot deliver as agreed.

Shaykh Yusuf Weltch, What Is the Ruling on Buying Something “As Is”? – Explains the buyer’s default option regarding defects and how an “as-is” condition affects that right.

Shaykh Faraz Rabbani, Are Return Policies Permissible and Can One Make Use of Them? – Explains the validity of contractual return policies and the buyer’s right to make use of agreed return terms.

Shaykh Faraz Rabbani is a recognized specialist scholar in the Islamic sciences, having studied under leading scholars from around the world. He is the Founder and Executive Director of SeekersGuidance.

Shaykh Faraz stands as a distinguished figure in Islamic scholarship. His journey in seeking knowledge is marked by dedication and depth. He spent ten years studying under some of the most revered scholars of our times. His initial studies took place in Damascus. He then continued in Amman, Jordan.

In Damascus, he was privileged to learn from the late Shaykh Adib al-Kallas. Shaykh Adib al-Kallas was renowned as the foremost theologian of his time. Shaykh Faraz also studied under Shaykh Hassan al-Hindi in Damascus. Shaykh Hassan is recognized as one of the leading Hanafi jurists of our era.

Upon completing his studies, Shaykh Faraz returned to Canada in 2007. His return marked a new chapter in his service to the community. He founded SeekersGuidance. The organization reflects his commitment to spreading Islamic knowledge. It aims to be reliable, relevant, inspiring, and accessible. This mission addresses both online and on-the-ground needs.

Shaykh Faraz is also an accomplished author. His notable work includes “Absolute Essentials of Islam: Faith, Prayer, and the Path of Salvation According to the Hanafi School.” This book, published by White Thread Press in 2004, is a significant contribution to Islamic literature.

His influence extends beyond his immediate community. Since 2011, Shaykh Faraz has been recognized as one of the 500 most influential Muslims. This recognition comes from the Royal Islamic Strategic Studies Center. It underscores his impact on the global Islamic discourse.

Shaykh Faraz Rabbani’s life and work embody a profound commitment to Islamic scholarship. His teachings continue to enlighten and guide seekers of knowledge worldwide.

النصوص

[مجلة الأحكام العدلية، المادة ٣٤٥]

«لَوْ حَدَثَ فِي الْمَبِيعِ عَيْبٌ عِنْدَ الْمُشْتَرِي ثُمَّ ظَهَرَ فِيهِ عَيْبٌ قَدِيمٌ؛ فَلَيْسَ لِلْمُشْتَرِي أَنْ يَرُدَّهُ بِالْعَيْبِ الْقَدِيمِ بَلْ لَهُ الْمُطَالَبَةُ بِنُقْصَانِ الثَّمَنِ فَقَطْ، مَثَلًا: لَوْ اشْتَرَى ثَوْبَ قُمَاشٍ ثُمَّ بَعْدَ أَنْ قَطَعَهُ وَفَصَّلَهُ بُرُودًا اطَّلَعَ عَلَى عَيْبٍ قَدِيمٍ فِيهِ فَبِمَا أَنَّ قَطْعَهُ وَتَفْصِيلَهُ عَيْبٌ حَادِثٌ لَيْسَ لَهُ رَدُّهُ عَلَى الْبَائِعِ بِالْعَيْبِ الْقَدِيمِ بَلْ يَرْجِعُ عَلَيْهِ بِنُقْصَانِ الثَّمَنِ فَقَطْ.»

[مجلة الأحكام العدلية، المادة ٣٤٤]

«بَعْدَ اطِّلَاعِ الْمُشْتَرِي عَلَى عَيْبٍ فِي الْمَبِيعِ إذَا تَصَرَّفَ فِيهِ تَصَرُّفَ الْمُلَّاكِ سَقَطَ خِيَارُهُ، مَثَلًا: لَوْ عَرَضَ الْمُشْتَرِي الْمَبِيعَ لِلْبَيْعِ بَعْدَ اطِّلَاعِهِ عَلَى عَيْبٍ قَدِيمٍ فِيهِ كَانَ عَرْضُ الْمَبِيعِ لِلْبَيْعِ رِضًا بِالْعَيْبِ؛ فَلَا يَرُدُّهُ بَعْدَ ذَلِكَ.»

[مجلة الأحكام العدلية، المادة ١٩٠]

«لِلْعَاقِدَيْنِ أَنْ يَتَقَايَلَا الْبَيْعَ بِرِضَاهُمَا بَعْدَ انْعِقَادِهِ»

[مجلة الأحكام العدلية، المادة ٣٤٨]

«إذَا رَضِيَ الْبَائِعُ أَنْ يَأْخُذَ الْمَبِيعَ الَّذِي ظَهَرَ بِهِ عَيْبٌ قَدِيمٌ بَعْدَ أَنْ حَدَثَ بِهِ عَيْبٌ عِنْدَ الْمُشْتَرِي وَكَانَ لَمْ يُوجَدْ مَانِعٌ لِلرَّدِّ لَا تَبْقَى لِلْمُشْتَرِي صَلَاحِيَّةُ الِادِّعَاءِ بِنُقْصَانِ الثَّمَنِ بَلْ يَكُونُ مَجْبُورًا عَلَى رَدِّ الْمَبِيعِ إلَى الْبَائِعِ، أَوْ قَبُولِهِ»

[القرآن الكريم، سورة النساء: ٢٩]

«يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ لَا تَأْكُلُوٓا۟ أَمْوَٰلَكُم بَيْنَكُم بِٱلْبَـٰطِلِ إِلَّآ أَن تَكُونَ تِجَـٰرَةً عَن تَرَاضٍ مِّنكُمْ»

[سنن أبي داود، ٣٤٦٠]

«مَنْ أَقَالَ مُسْلِمًا أَقَالَهُ اللَّهُ عَثْرَتَهُ»