What constitutes deception or fraud (*tadlis*) regarding a defect?

Chapter on Selling the Musarrah (Animal with milk retained in udder)

Al-Mughni

Book of Sales

Book 12 · Issue 5 · Bab 5

Open in Qurani

Primary text

Deception (*tadlis*) regarding a defect means concealing it from the buyer while knowing about it, or obscuring it in a way that suggests its absence. It is derived from *ad-dalsa*, meaning darkness, implying the seller hides the defect, obscuring it from the buyer's knowledge. Whether the seller actively concealed known information or physically obscured the defect, both actions constitute unlawful deception.