Forcing the purchaser to purchase the item after giving him a refund and cancelling the sale
Q: I made an online purchase from China. The seller said that he will refund me if the product did not arrive within six weeks. After six weeks, the item did not arrive so he refunded me. However, the item then arrived after three months. I contacted the seller and informed him that it has arrived, but since I no longer require it, he must arrange collection for it. The seller said that it would be too expensive, so he is insisting that I must pay him for it. What should I do? If the seller doesn’t arrange collection then what should I do with the item?
A: After giving you a refund, the previous sale had been cancelled. Hence, you are not under any obligation to accept the item.
You should inform the seller that the previous sale has been cancelled and that you do not want the item. He should make arrangements for its collection. Until that time, you will keep the item for him.
And Allah Ta'ala (الله تعالى) knows best.
إن أبى أحد الفريقين ذلك لا يجبر عليه؛ لأن الإنسان لا يجبر على البيع والشراء (المحيط البرهاني 6/138)
لا يجبر أحد على المعاوضة كما في سائر الحقوق (تبيين الحقائق 6/99)
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