Warranty (uhda) in sale and in pre-emption, and the defect

العُهْدَة

In sale, 'uhda is the seller's guarantee of the price or of the title when the object is claimed by a third party. In pre-emption it is the return of ownership to the pre-emptor or buyer; in the option for a defect it is the guarantee when a defect appears 1. In pre-emption the Shafi'is and Malikis place the warranty on the seller if the pre-emptor took the property from him; the Hanafis place it on the buyer when the property was sold by someone other than the seller 2. For defects, the year and the three-day warranties differ: a defect arising in the buyer's hands and one present at the seller's both give a right of return 2 3.

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Era
The Prophetic Era
Region
Global / Diaspora
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Development of law, theology and institutionsEthics and character

Summary

In sale, 'uhda is the seller's guarantee of the price or of the title when the object is claimed by a third party. In pre-emption it is the return of ownership to the pre-emptor or buyer; in the option for a defect it is the guarantee when a defect appears 1. In pre-emption the Shafi'is and Malikis place the warranty on the seller if the pre-emptor took the property from him; the Hanafis place it on the buyer when the property was sold by someone other than the seller 2. For defects, the year and the three-day warranties differ: a defect arising in the buyer's hands and one present at the seller's both give a right of return 2 3.

Connections

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Based on
Muwatta 1790· Muwatta 1791· Muwatta 1792· Muwatta 1840· Muwatta 1976

People and things also explored

Malik ibn Anas· Muwatta, Book of Sales (buyu')· Aban ibn Uthman· Abdallah ibn Abi Bakr ibn Hazm· Yahya ibn Yahya al-Laythi· Biting and the liability for injury it causes (add)· Pardon (afw) in purity, worship, contracts and penalties· Covenant (ahd) and the duty to keep it; oath by the covenant of God

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11906
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11907
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11908
Cite this page

islam.museum contributors. “Warranty (uhda) in sale and in pre-emption, and the defect”. islam.museum, https://islam.museum/en/concept/uhda/. CC BY-SA 4.0. Last updated 2026-10-23.

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Related

Malik ibn Anas

Imam of Medina and author of the Muwatta; born in Medina, he studied with its scholars and taught there until his death in 179 AH. The Maliki school of law bears his name.