If a man sells a piece of land to another man and states its area as such, then it is measured after the purchase and found to be larger, is the contract valid?
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The questioner : Shaykh, if a man sells a piece of land to another and says to him, "This land is..." then he said... After he bought it, he measured the area and found it...
The Shaykh : Larger?
The questioner : Yes, do we say that he sold it by its boundaries, and its specification by area is an addition that does not enter into the contract?
The Shaykh : As for the contract, it is valid.
The questioner : Do we say that he has no option to cancel?
The Shaykh : Who has no option to cancel?
The questioner : The seller has no option to cancel; he does not take the excess.
The Shaykh : No, he does not take the excess.
The questioner : He sold a piece of land and estimated it...
The Shaykh : He takes the excess, and the buyer has the option to cancel, yes?
The questioner : If he sells him a house, O Shaykh, for one hundred, and it turns out to be more or less.
The Shaykh : For one hundred? On the basis that it is?
The questioner : On the basis that it is, for example, ninety.
The Shaykh : On the basis that it is, for example, ninety.
The questioner : ... .
The Shaykh : He sold it for one hundred on the basis that it is...
The questioner : One hundred and twenty.
The Shaykh : How on the basis that it is one hundred and twenty? He said he sold it for one hundred?
The questioner : No ... .
The Shaykh : He sold it for one hundred on the basis that it is?
The questioner : More or less, meaning for example ten.
The Shaykh : He sold it for one hundred riyals on the basis that it is?
The questioner : He sold it for ten.
The Shaykh : Ten thousand, okay.
The questioner : ... .
The Shaykh : Yes.
The questioner : And his purpose in the trade was to recover... then...
The Shaykh : Then what?
The questioner : He lowers the price.
The Shaykh : Yes.
The questioner : So does he have the option to cancel? The purpose of... the trade.
The Shaykh : Yes, if we know that he only wants to trade in it, and that if it is less than ten, its value decreases because people do not want anything less than ten or more, then he has the option to cancel because this has defeated his purpose.
The Shaykh : Larger?
The questioner : Yes, do we say that he sold it by its boundaries, and its specification by area is an addition that does not enter into the contract?
The Shaykh : As for the contract, it is valid.
The questioner : Do we say that he has no option to cancel?
The Shaykh : Who has no option to cancel?
The questioner : The seller has no option to cancel; he does not take the excess.
The Shaykh : No, he does not take the excess.
The questioner : He sold a piece of land and estimated it...
The Shaykh : He takes the excess, and the buyer has the option to cancel, yes?
The questioner : If he sells him a house, O Shaykh, for one hundred, and it turns out to be more or less.
The Shaykh : For one hundred? On the basis that it is?
The questioner : On the basis that it is, for example, ninety.
The Shaykh : On the basis that it is, for example, ninety.
The questioner : ... .
The Shaykh : He sold it for one hundred on the basis that it is...
The questioner : One hundred and twenty.
The Shaykh : How on the basis that it is one hundred and twenty? He said he sold it for one hundred?
The questioner : No ... .
The Shaykh : He sold it for one hundred on the basis that it is?
The questioner : More or less, meaning for example ten.
The Shaykh : He sold it for one hundred riyals on the basis that it is?
The questioner : He sold it for ten.
The Shaykh : Ten thousand, okay.
The questioner : ... .
The Shaykh : Yes.
The questioner : And his purpose in the trade was to recover... then...
The Shaykh : Then what?
The questioner : He lowers the price.
The Shaykh : Yes.
The questioner : So does he have the option to cancel? The purpose of... the trade.
The Shaykh : Yes, if we know that he only wants to trade in it, and that if it is less than ten, its value decreases because people do not want anything less than ten or more, then he has the option to cancel because this has defeated his purpose.