Questions often arise about the ruling on selling goods and products that are approaching their expiration dates at discounted prices, especially when the discount is offered because the expiration date is near.
The Egyptian Dar al-Ifta explained that the approaching expiration date does not, by itself, prevent a product from being sold, provided that the product remains safe and suitable for consumption, its expiration date is clearly visible, and the transaction contains no deception or fraud.
Is It Permissible to Sell Products Near Their Expiration Date?
The basic principle in commercial transactions is permissibility when both parties freely consent and the transaction is free from fraud, deception, and harm.
Accordingly, the fact that a product is approaching its expiration date does not automatically make its sale prohibited, as long as the product remains suitable for consumption and the buyer can clearly see its expiration date.
Likewise, reducing the price because the expiration date is approaching is permissible, since the commercial value of a product may naturally decrease as its expiration date gets closer.
The Importance of the Buyer's Consent
Sales are fundamentally based on mutual consent. Therefore, the buyer should have access to the essential information needed to make an informed purchasing decision.
For food and consumer products, the expiration date is particularly important, especially when its proximity is the actual reason for the price reduction.
When Is a Price Reduction Permissible?
A discount on a near-expiry product is permissible when the product itself is safe and suitable for consumption and its expiration date is clearly available to the buyer.
In such circumstances, the discount is a legitimate commercial practice reflecting the reduced market value of the product as its expiration date approaches.
A seller does not have to stop selling a product simply because its expiration date is near, provided that the product continues to meet safety and suitability requirements.
Must the Buyer Be Told That the Expiration Date Is Near?
When the expiration date is clearly printed on the product, this provides the buyer with direct information about how long the product remains valid.
However, deliberately hiding, erasing, altering, or obscuring the expiration date can constitute fraud and deception, particularly when the seller uses the discount to make the buyer believe that the reduced price is simply a promotional benefit.
The key principle is that the buyer must have access to information that could materially affect the decision to purchase.
Conditions for Selling Near-Expiry Products
Several conditions should be observed to ensure that selling such products does not involve deception.
The Product Must Be Safe and Suitable for Consumption
The product itself must be sound, suitable for consumption, and free from any condition that could harm the consumer's health or safety.
Simply having an unexpired date is not sufficient if the product has spoiled, deteriorated, or been damaged because of improper storage.
No Manipulation of the Expiration Date
A promotional offer must not involve changing, erasing, concealing, or manipulating the expiration date.
A discount cannot legitimately be used as a means of hiding the fact that the product is approaching expiration.
The Expiration Date Must Be Clear
The expiration date should remain visible and easy for the buyer to identify so that they can determine the remaining period and make a free purchasing decision.
This reflects the broader principle of honesty and disclosure in commercial transactions.
When Does a Discount Become Fraudulent?
The issue is not the price reduction itself, but how the product is presented to the buyer.
If the product is discounted, its expiration date is clearly visible, and the product remains safe and suitable for consumption, the discount itself is permissible.
However, if the seller hides, erases, or alters the expiration date and presents the discount as an ordinary promotional advantage without revealing the actual circumstances, this may constitute fraud and deception.
Concealing the Expiration Date
Concealing the expiration date deprives the buyer of important information that could influence the purchasing decision.
For this reason, it cannot legitimately be used as a means of completing the transaction.
Altering or Erasing the Date
Manipulating an expiration date is a form of misleading the buyer because it either provides false information or prevents the buyer from discovering the actual condition of the product.
What Is the Buyer's Right If Information Was Concealed?
If a seller deliberately conceals a material fact about a product or deceives the buyer, the buyer may have the right to return the product and recover the amount paid, subject to the relevant rules governing defects and deceptive sales.
This highlights the importance of honesty and transparency in commercial transactions, because a valid sale depends not only on exchanging money for goods but also on genuine consent based on adequate information.
Conclusion
Selling products approaching their expiration date at discounted prices is permissible when the products are safe and suitable for consumption, the expiration date is clearly visible to the buyer, and there is no manipulation, concealment, or deception.
By contrast, hiding, altering, or erasing the expiration date in order to complete the sale constitutes a form of fraud and deception. A price discount does not justify concealing the true condition of the product.
Is it permissible to sell a product approaching its expiration date?
Yes, provided that the product remains safe and suitable for consumption and its expiration date is clearly visible.
Can a product be discounted because its expiration date is near?
Yes. A discount is permissible as long as the product remains suitable for consumption and there is no deception.
Can the seller hide the reason for the discount?
The seller should not conceal material information about the product or manipulate its expiration date.
What is the ruling on changing an expiration date?
Changing, erasing, or manipulating an expiration date is considered a form of fraud and deception.
What happens if a seller conceals a material defect or fact about a product?
The buyer may have the right to return the product in cases where fraud or deception is established, subject to the applicable legal and religious rules.
