LessonsKhiyar al-Ayb: Defects, Remedies and WaiverQuiz

وَإِنْ قَطَعَ الْمُشْتَرِي الثَّوْبَ فَوَجَدَ بِهِ عَيْبًا رَجَعَ بِالْعَيْبِ
Translation: When the buyer cuts the cloth and then discovers a defect, compensation for that defect is available.

Cutting alters the condition of the sold fabric, so the seller is not ordinarily forced to take it back in that changed state.

Fath al-Qadir explains that return can still occur if the seller agrees to receive it after cutting.

Example: eight meters of cloth are cut into garment panels and a pre-existing weaving flaw is then discovered. The old defect and buyer-caused cutting must be distinguished.

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Original rule: cutting cloth

Khiyar al-Ayb: Defects, Remedies and Waiver

وَإِنْ قَطَعَ الْمُشْتَرِي الثَّوْبَ فَوَجَدَ بِهِ عَيْبًا رَجَعَ بِالْعَيْبِ
Translation: When the buyer cuts the cloth and then discovers a defect, compensation for that defect is available.

Cutting alters the condition of the sold fabric, so the seller is not ordinarily forced to take it back in that changed state.

Fath al-Qadir explains that return can still occur if the seller agrees to receive it after cutting.

Example: eight meters of cloth are cut into garment panels and a pre-existing weaving flaw is then discovered. The old defect and buyer-caused cutting must be distinguished.