The establishment of the option to rescind due to a defect that does not affect the item sold
Machine translationRead the Arabic original
Question:
He says: I asked the Shaykh, may Allah grant you success, if a defect is established, even if it does not affect the item sold, is the option to rescind established? And he said: Yes, that is the position of its scholars.
Answer:
No, the defect that establishes the option is the one that diminishes the value of the item sold, or the substance of the item sold diminishes in value or substance. That is what establishes the option. As for if this does not affect the item sold, neither in its value nor in its substance, such as a case where it might even increase in its substance or value, like a castrated animal intended for eating and meat. This increases in value, even though it is a deficiency in its substance, meaning the cutting of the testicles. This is a deficiency in the substance of the item sold, but it affects it by increasing its value, because people prefer the meat of a castrated animal over the meat of a male animal. So this defect does not affect the merchandise because it does not diminish its value; rather, it increases its value. Yes.
He says: I asked the Shaykh, may Allah grant you success, if a defect is established, even if it does not affect the item sold, is the option to rescind established? And he said: Yes, that is the position of its scholars.
Answer:
No, the defect that establishes the option is the one that diminishes the value of the item sold, or the substance of the item sold diminishes in value or substance. That is what establishes the option. As for if this does not affect the item sold, neither in its value nor in its substance, such as a case where it might even increase in its substance or value, like a castrated animal intended for eating and meat. This increases in value, even though it is a deficiency in its substance, meaning the cutting of the testicles. This is a deficiency in the substance of the item sold, but it affects it by increasing its value, because people prefer the meat of a castrated animal over the meat of a male animal. So this defect does not affect the merchandise because it does not diminish its value; rather, it increases its value. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 13 من 89|شرح العدة في شرح العمدة|البيوع|باب الخيار|صالح الفوزان|الفقه|كبار العلماء — youtube.com (43:16)
The Arabic text is a machine transcription of the audio recording.
