Is the concept of “Voetstoots” in business recognized in Shariah? 

Q. I sold a car to a buyer Voetstoots. Two Months later, the buyer wants to return the car to me due to a technical fault. Am I as the seller obligated to accept the return of the vehicle?

A. The concepts of Voetstoots refers to the seller selling an item/property to the purchaser “as is” (Voetstoots) thereby indemnifying himself from any claims of defects or faults found in the item/property that is visible or hidden at the time of the sale. Likewise, the purchaser indemnifies the seller against any claims of defects or faults found in the item/property that is visible or hidden at the time of the sale.

In terms of Shariah, if at the time of sale, the seller informs the purchaser that he is not bearing any responsibility and liability for any defects or faults of the item found after the sale is concluded and the item is being sold “as is” (Voetstoots) to which the purchaser agrees, the transaction is valid and acceptable.

If after the sale is concluded, the purchaser discovers a defect or fault in the item sold, the purchaser does not have the right to return or cancel the concluded transaction.

Thus, based on the above, the concept of selling an item/property “as is” (Voetstoots) is recognized in Shariah.

As such, in the enquired case, if the car was sold “as is” (Voetstoots) to the purchaser, the purchaser does not have the right to return the vehicle and neither is the seller obligated to accept the return of the vehicle in the case of a defect or fault found after the sale is concluded. (Shaami 5/42 – Hidaayah 3/42 – Imdaad-Ul-Ahkaam 3/404)

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

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