Khiyar al-ru’yah arose because the buyer had not adequately seen the goods. Khiyar al-‘ayb concerns a qualifying old defect that reduces relevant market value.
1. Furniture is bought without viewing it: inspection-based option.
2. Furniture is viewed but concealed termite damage is later found: defect-based option.
One transaction can raise both concerns, but the legal grounds remain distinct.
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Khiyar al-Ayb: Defects, Remedies and Waiver
Khiyar al-ru’yah arose because the buyer had not adequately seen the goods. Khiyar al-‘ayb concerns a qualifying old defect that reduces relevant market value.
1. Furniture is bought without viewing it: inspection-based option.
2. Furniture is viewed but concealed termite damage is later found: defect-based option.
One transaction can raise both concerns, but the legal grounds remain distinct.