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Question Summary:
phoned the Muslim brother and said to him that he should take back the vehicle because the vehicle belonged to him and by him bidding against me and pushing up the price was not acceptable.

Question Detail:

I attended a used truck auction sale. I asked the Muslim brother if he had any vehicles in the sale and he did not answer me. The auctioneer advertised that the vehicles were from the fleet of United. I was bidding on a vehicle and the other bidder was the Muslim brother and the vehicle was awarded to me as my bid was higher.
I collected the vehicle and the papers. The vehicle broke down 5 times en route from the auction site. When I checked the paper, I found that the previous owner of the vehicle was the Muslim brother. I immediately phoned the Muslim brother and said to him that he should take back the vehicle because the vehicle belonged to him and by him bidding against me and pushing up the price was not acceptable. He said that the only way he could help me is by putting up the vehicle for auction again, but this could take a long time and I could sustain a big loss.
Please give me a ruling

Answer :

If the auctioneer was representing the owner of the vehicle, then it was incorrect for the owner of the vehicle to bid for the vehicle. That is deception. Furthermore, if the vehicle did not belong to the fleet of Clover and was advertised as the fleet of Clover, then that was another act of deception.

According to the Shari’ah, you have a right to dissolve the transaction. The Muslim brother is duty bound by Shari’ah to take back the vehicle and return the money to you. He should also repent for his wrong and deceptive way of dealing.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT

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