LessonsKhiyar al-Shart: Duration, Ownership, Rescission and Stipulated AttributesQuiz

فَإِنْ هَلَكَ فِي يَدِهِ هَلَكَ بِالثَّمَنِ، وَكَذَلِكَ إِنْ دَخَلَهُ عَيْبٌ
Translation: If the object perishes in the buyer’s hands, liability follows the contract price; likewise if a defect arises while it is with him.

This time Quduri says bi-l-thaman, referring to the agreed price, unlike bi-l-qimah in the seller-option case.

Example: a watch is sold for Rs 10,000 with a two-day buyer’s option, then perishes in the buyer’s possession. The stated rule uses contract-price liability.

The text associates a subsequent defect with the same rule; the buyer cannot assume that a newly damaged article is returnable without consequence.

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Original: price liability on buyer’s option

Khiyar al-Shart: Duration, Ownership, Rescission and Stipulated Attributes

فَإِنْ هَلَكَ فِي يَدِهِ هَلَكَ بِالثَّمَنِ، وَكَذَلِكَ إِنْ دَخَلَهُ عَيْبٌ
Translation: If the object perishes in the buyer’s hands, liability follows the contract price; likewise if a defect arises while it is with him.

This time Quduri says bi-l-thaman, referring to the agreed price, unlike bi-l-qimah in the seller-option case.

Example: a watch is sold for Rs 10,000 with a two-day buyer’s option, then perishes in the buyer’s possession. The stated rule uses contract-price liability.

The text associates a subsequent defect with the same rule; the buyer cannot assume that a newly damaged article is returnable without consequence.