Deducting from the price of defective livestock
Machine translationRead the Arabic original
Question:
Umm 'Abd al-Majid, a woman, asks: A man bought livestock from another. When they agreed on the price, the buyer said to the seller, "If I find a defect in this livestock after a month or two, I will deduct one hundred riyals from the price of the defective one." Is this valid?
Answer:
This is not valid. The deduction is made according to the amount by which the value is diminished, which is called *arsh*. If a defect is found in it, the buyer is given the choice between returning it and taking back the price, or keeping it and taking the *arsh* for the defect. The *arsh* is the difference between the sound state and the defect in the item, or between being free from the defect and having the defect present. This is the *arsh*: you appraise it as defective and you appraise it as sound, and the difference between the two values is the *arsh* for the defect. Yes.
The presenter:
May Allah reward you
Umm 'Abd al-Majid, a woman, asks: A man bought livestock from another. When they agreed on the price, the buyer said to the seller, "If I find a defect in this livestock after a month or two, I will deduct one hundred riyals from the price of the defective one." Is this valid?
Answer:
This is not valid. The deduction is made according to the amount by which the value is diminished, which is called *arsh*. If a defect is found in it, the buyer is given the choice between returning it and taking back the price, or keeping it and taking the *arsh* for the defect. The *arsh* is the difference between the sound state and the defect in the item, or between being free from the defect and having the defect present. This is the *arsh*: you appraise it as defective and you appraise it as sound, and the difference between the two values is the *arsh* for the defect. Yes.
The presenter:
May Allah reward you
Source
نور على الدرب - الفوزان - 02/240 — archive.org (15:20)
The Arabic text is a machine transcription of the audio recording.
