Heavenly Jewels

Rule - The maximum time for Khiyaar is three days, not more than this. However, it can be for less than this time also. Ifsomethingperishable is bought and the buyer hadKhiyaar for three days then it will be said to him to either make Faskh (terminate) of the Ba'ee ormake it to occur. If something perishable is bought without Khiyaar and the buyer goes awaywithout gaining hold over it or giving its sale price and is not found anywhere then the seller can make Ba'ee ofthis item to another and it is perm issible for the other buyer to purchase this item even while knowing that this is the case. (Durre-Mukhtaar, Raddul-Muhtaar) Rule- If no time . was mentioned for Khiyaar rather only "I have Khiyaar" is said and the period is unknown or it is reservt;d forever then in all these cases Khiyaar is Faasid (void) . (Alamghiri) KHIYAAR-E-ROOYAT Rule- Sometimes an item is bought without seeing and examining it thoroughly and after being bought, it is disliked. In such a case the Shariah has given the buyer the choice of null i fying the sale if after seeing it, he does not want it. This is known as Khiyaare-Rooyat. (Bahare-Shariat) Rule- Ifa Baae sells something that he has not seen, e.g. he has inherited something and without seeing it, he sold it then the sale is intact. However he will not have the right to make Faskh ofthe sale after seeing it. (Durre-Mukhtaar) Rule- The Shariah has not specified a time period for Khiyaar-e-Rooyat that in the case of it passing, Khiyaar no longer remains. This Khiyaar is dependent on seeing. After the obj ect is seen, the right of Faskh remains only until the time when approval and consent is not found. (Durre-Mukhtaar) 267

RkJQdWJsaXNoZXIy NTM5MzE=