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The party with khiyarush Shart died before confirming the sale and before the period elapsed. Do his heirs inherit the right? PDF Print E-mail

Question 757) - The party with khiyarush Shart died before confirming the sale and before the period elapsed. Do his heirs inherit the right?

A: The right is terminated and cannot pass to the heirs. The sale is regarded as complete.

~ al-Quduri ~

 
What can the buyer do if the seller sold him a slave claiming him to be a baker or scribe and he was not? PDF Print E-mail

Question 756) - What can the buyer do if the seller sold him a slave claiming him to be a baker or scribe and he was not?

A: The buyer can keep him at the agreed price or he can cancel the sale and return the slave.

~? al-Quduri ~

 
What is the benefit of khiyarush Shart to the owner there of? PDF Print E-mail

Question 754) - What is the benefit of khiyarush Shart to the owner there of?

A: He may either rescind the sale or confirm it within the period.

~ al-Quduri ~

 
Is it necessary to rescind or confirm the sale in the presence of the other party? PDF Print E-mail

Question 755) - Is it necessary to rescind or confirm the sale in the presence of the other party?

A: Confirmation can take place in absence but rescinding must be done in his presence.

~ al-Quduri ~

 
The buyer has khiyarush shart and has the goods. A defect develops. What is the ruling? PDF Print E-mail

Question 753) - The buyer has khiyarush shart and has the goods. A defect develops. What is the ruling?

A:If the defect is irreversible e.g. a slave loses his hand; then it is as a perished good. The buyer must pay the price they had agreed upon. If it is reversible then he maintains khiyarush Shart for the period. once the period passes the buyer can no longer return the goods. He is now liable for the agreed upon price even if the defect remained.

~ al-Quduri ~

 
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