Liable for a refund or not?

25 Jun 2023 Ref-No#: 5381

Aslkm mufti sahib,
If a person purchased a Persian kitten from a Muslim woman, who at the time of purchase, did not disclose that the kitten was ill.
The day the kitten was brought home, it was riddled with fleas, an approximation would be 50 plus fleas.
The kitten was bathed and the fleas were removed, on the kittens body several scabs was found on the body of the kitten and the breeder was told regarding the appalling condition.

We assumed the kitten had scabs on the body due to the breeder cutting the kittens fur as it was matted.

I had asked the breeder regarding the health of the cats and she assured me they were healthy.
The cat has been with us for 6 weeks and my daughters kept telling me the cat has dandruff, but I didn’t pay attention.
I got a sort of pimple on my arm, which steadily worsened and when I sent a picture to the dr they said it was ringworm.
Which I had contracted from the cat.
The poor cat is now in bad health, her fur had to be shaved off and we hv a big bill from the vet, as the lady who sold her to us didn’t tell us the cat was ill. The bill is R1881.

My question is, am I allowed to request a refund for the kitten, which we don’t want to do, as we love the cat, or can we request the breeder to pay the bill incurred due to her negligence. ?

There is significant proof in the chats with the breeder regarding me telling her about the scabs on the kittens body, which we now find out was ringworm, which has now spread to myself .

I cannot afford the vet bills, otherwise I would hv just paid it. In order to keep the cat healthy. If I had known the cat was ill and would need treatment I would not hv purchased a sick kitten for R4500.
And the breeder knew this as I had asked her for terms to pay in 2 months, which was done timeously even before the month was up.

The breeder claims that my cat is the only cat which is sick so the cat must hv contracted it in my home, except for the fact that I sold another of her kittens to another lady who has the same problem!
And has never come to my home or been in contact with my animals.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

Wa ‘alaykum us-salāmu wa-rahmatullāhi wa-barakātuh.

Respected brother,

If you are sure the cat contracted the disease at the vendors, then you have a right to complain to the lady, return the cat and get your money back or keep the cat and request her for some compensation.

And Allah Ta’āla Knows Best

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