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Ba’i al-Baraah


Arabic (بيع البراءة)  for sale on ‘as is’ basis. It is a contract of sale (ba’i), in which a person agrees to purchase goods in their current state, while the seller gives assurances that he is not aware of any defects therein. Afterward, if a defect is found, the seller will not be required to pay any compensation unless the buyer proves that the seller had been aware of the defects at the time of sale, and didn’t advise the buyer of such defects. Conventionally, in this type of sale, the seller sets as condition (shart) that he will not be responsible for any hidden defects. Of course, that doesn’t apply to defects deliberately concealed by the seller, in which case the buyer has the right to return the goods and recover the price.

Bara’ah (البراءة) is Arabic for unawareness of defects and irresponsibility for all or some of the defects in the object of sale.



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