1. Earlier defect, no later damage: keep at the price or return where conditions allow.
2. Earlier defect plus new damage: claim arsh or return with seller’s consent.
3. Cloth sewn or dyed: compensation; seller cannot demand the altered article.
4. General waiver at sale: historical text limits defect-based return.
The facts governing remedy include the original sale, the present state of the goods, and the source of the defect.
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Khiyar al-Ayb: Defects, Remedies and Waiver
1. Earlier defect, no later damage: keep at the price or return where conditions allow.
2. Earlier defect plus new damage: claim arsh or return with seller’s consent.
3. Cloth sewn or dyed: compensation; seller cannot demand the altered article.
4. General waiver at sale: historical text limits defect-based return.
The facts governing remedy include the original sale, the present state of the goods, and the source of the defect.