Selling Clothes Tried by other Customers
Fatwa No: 409249

  • Fatwa Date:17-12-2019 - Rabee' Al-Aakhir 20, 1441
  • Rating:

Question

Assalamu'alaikum Warahmatullahi Wabarakatuh
Dear Schollar(s),
I am currently joining Business with a Clothing merchant. The Merchant (Said Merchant A) do not have any policy regarding their selling except that the return policy which is max 7 day after receiving the ordered product.
It is common that when buyers get the ordered product and the product doesn't suit them then it can be returned to the merchant such that all products stored in the merchant's warehouse are mixed between the ones which had ever been worn by another buyer (just in order to test whether it suited them or not) and the new one (never worn by anyone).
and when I sell them in an online store, I don't mention in the product description that some of the products on sale had ever been worn by someone else (as mentioned before)
when I state this in product description, of course, the buyers will think twice and then undo to buy these clothings
regarding this issue, since then, I make a decision to not join in clothing business which I pioneered for years
My Questions are:
1. is this kind of selling business permissible since I think that there is a kind of fraud in it?
2. is my decision correct ?
Hope for your answers
Wassalamu'alaikum Warahmatullahi Wabarakatuh

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

If the customer tries the clothes, shoes and the like, just in order to know whether or not they suit him, then this is not considered as usage that has any effect, and this is a custom that is common among the merchants and known to all the people.

Therefore, it is not necessary to mention it and it is not forbidden to work in this trade. Not mentioning this in the contract is not considered fraud or deception.

Allah Knows best.

Related Fatwa