Explanation of the author's statement: "And for the one who was ignorant of it and whose purpose was not fulfilled, there is the option of rescission"
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The Shaykh :"And for the one who was ignorant of it and whose purpose was not fulfilled, there is the option of rescission" For the one who was ignorant of it—meaning ignorant of the quantity—and whose purpose was not fulfilled, he has the option of rescission. The author stipulated two conditions for the option of rescission to be established for the defrauded party. For example, a person buys this land on the basis that it is one hundred meters, but it turns out to be ninety meters. We say the sale is valid because the sale took place for a specific, known item through observation and estimation. Since there was a discrepancy, the sale remains valid, and the party who owes the deficiency is compensated according to its amount. For instance, if he sold it for one hundred thousand on the basis that it is one hundred meters, and it turns out to be ninety meters, we say the sale is valid. If he sold it for one hundred thousand, ten thousand is deducted from the price, which is one-tenth of one hundred. All right.
The questioner : Ten.
The Shaykh : Ten out of one hundred, yes, ten out of one hundred. But if the buyer says, "I thought this estimation was correct, and I had planned to build a villa or a house on this area, but now that it has decreased, I do not want it," does he have the option of rescission?
The questioner : Yes.
The Shaykh : Yes, he has the option of rescission because his purpose was not fulfilled. Since his purpose was not fulfilled, we say he has the option of rescission. All right. If the buyer knew that it was ninety meters, he has no option of rescission because he entered the transaction with full knowledge. He should have said to the seller when the seller said it was one hundred meters, "This is a mistake; it is actually ninety meters." So, the condition for the right of rescission is two: the first is ignorance, and the second is the non-fulfillment of the purpose. All right. If the buyer who bought it on the basis that it was one hundred meters, and it turned out to be ninety meters, says, "I am willing to forgive the ten meters," and the seller says, "I want to rescind because it turned out that the estimation was wrong, so I want to rescind," and the buyer says, "I am willing to forgive you," does the seller have the right to rescind?
The questioner : No.
The Shaykh : Why?
The questioner : He has no purpose [to fulfill].
The Shaykh : Because his purpose is currently [fulfilled]. Currently, he sold the whole thing on the basis that it was one hundred meters, and it turned out to be less, and he forgave the deficiency, so he has no purpose. Except in cases where the land may have increased in value during this period, and it is worth more than one hundred thousand even though it is ninety meters. In that case, the seller demands rescission and says, "Since it decreased from what we estimated at the time of the contract, I want to rescind." We say, "You do not have the right to rescind because you are not suffering any harm currently. You sold the land. Yes, if you had sold me one hundred meters of land, that would be another matter, but you sold me the land on the basis that it was what? One hundred meters. All right. He bought it on the basis that it was one hundred meters, and it turned out to be one hundred and twenty. It turned out to be one hundred and twenty, so the buyer says, "I want to rescind because it changed from what was estimated," and the seller says, "The twenty meters are free; do not give me anything but the price we agreed upon, and the twenty meters are free for you." The buyer says, "No, since the estimation differed, I have the option of rescission." Does he have the option of rescission?
The questioner : ... .
The Shaykh : Why?
The questioner : ... .
The Shaykh : Because he is not suffering any harm. The seller has waived the increase, so he is not suffering any harm. If the buyer says, "I had estimated that I would build a villa of one hundred meters, and now it has become one hundred and twenty, which increases the materials for me, because I have to expand the rooms and the walls, so the cost of the building increases for me," we tell him, "Make it a spacious area." Yes, if he says, "Even if I make it a spacious area, the wall and the fence will increase the cost for me," we say, "Go up... leave the people parking spaces or a street or something."
So, he is not suffering any harm at all, and the author stipulated that his purpose must not be fulfilled, and here the purpose is not unfulfilled. All right. If they mutually agree on the deficiency or the increase, and they reconcile, is that permissible or not?
The questioner : ... .
The Shaykh : Yes, it is permissible because it is a right belonging to them. If they reconcile by waiving it, for example, if he says, "I sold it on the basis that it was one hundred meters, and it turned out to be ninety meters," and they reconcile by saying, "Such and such amount is deducted from the price," and they agree on that, there is no harm.
The questioner : Ten.
The Shaykh : Ten out of one hundred, yes, ten out of one hundred. But if the buyer says, "I thought this estimation was correct, and I had planned to build a villa or a house on this area, but now that it has decreased, I do not want it," does he have the option of rescission?
The questioner : Yes.
The Shaykh : Yes, he has the option of rescission because his purpose was not fulfilled. Since his purpose was not fulfilled, we say he has the option of rescission. All right. If the buyer knew that it was ninety meters, he has no option of rescission because he entered the transaction with full knowledge. He should have said to the seller when the seller said it was one hundred meters, "This is a mistake; it is actually ninety meters." So, the condition for the right of rescission is two: the first is ignorance, and the second is the non-fulfillment of the purpose. All right. If the buyer who bought it on the basis that it was one hundred meters, and it turned out to be ninety meters, says, "I am willing to forgive the ten meters," and the seller says, "I want to rescind because it turned out that the estimation was wrong, so I want to rescind," and the buyer says, "I am willing to forgive you," does the seller have the right to rescind?
The questioner : No.
The Shaykh : Why?
The questioner : He has no purpose [to fulfill].
The Shaykh : Because his purpose is currently [fulfilled]. Currently, he sold the whole thing on the basis that it was one hundred meters, and it turned out to be less, and he forgave the deficiency, so he has no purpose. Except in cases where the land may have increased in value during this period, and it is worth more than one hundred thousand even though it is ninety meters. In that case, the seller demands rescission and says, "Since it decreased from what we estimated at the time of the contract, I want to rescind." We say, "You do not have the right to rescind because you are not suffering any harm currently. You sold the land. Yes, if you had sold me one hundred meters of land, that would be another matter, but you sold me the land on the basis that it was what? One hundred meters. All right. He bought it on the basis that it was one hundred meters, and it turned out to be one hundred and twenty. It turned out to be one hundred and twenty, so the buyer says, "I want to rescind because it changed from what was estimated," and the seller says, "The twenty meters are free; do not give me anything but the price we agreed upon, and the twenty meters are free for you." The buyer says, "No, since the estimation differed, I have the option of rescission." Does he have the option of rescission?
The questioner : ... .
The Shaykh : Why?
The questioner : ... .
The Shaykh : Because he is not suffering any harm. The seller has waived the increase, so he is not suffering any harm. If the buyer says, "I had estimated that I would build a villa of one hundred meters, and now it has become one hundred and twenty, which increases the materials for me, because I have to expand the rooms and the walls, so the cost of the building increases for me," we tell him, "Make it a spacious area." Yes, if he says, "Even if I make it a spacious area, the wall and the fence will increase the cost for me," we say, "Go up... leave the people parking spaces or a street or something."
So, he is not suffering any harm at all, and the author stipulated that his purpose must not be fulfilled, and here the purpose is not unfulfilled. All right. If they mutually agree on the deficiency or the increase, and they reconcile, is that permissible or not?
The questioner : ... .
The Shaykh : Yes, it is permissible because it is a right belonging to them. If they reconcile by waiving it, for example, if he says, "I sold it on the basis that it was one hundred meters, and it turned out to be ninety meters," and they reconcile by saying, "Such and such amount is deducted from the price," and they agree on that, there is no harm.