Heavenly Jewels

Rule- If an item is bought without seeing it then the sale can be nullified even before seeing it as this Ba ' ee is not Laazim on the buyer. (Durre­ Mukhtaar) Rule- I f a buyer gained hold over the Mabee (bought item) and expressed his approval after seeing it or a defect was found in it or he used it to the extent that the sale cannot be nul lified, then in all these cases, Khiyaar-e-Rooyat ends and the sale cannot be terminated. (Alamghiri, Durre-Mukhtaar) Rule- The buying and selling of a b l ind person are both correct. If he sells anything to someone, Khiyaar will not be reserved for him but if he buys something, it will be. To inspect the Mabee by feeling, is the same as seeing it. Therefore, ifhe inspected and approved ofthe Mabee, then Khiyaarno longer remains. Food items are to be tasted, obj ects with a smell are to be smelt and the qualities of items that cannot be perceived by taste, smell or fee ling are to be mentioned to him. Faskh cannot be made if the Mabee is according to the qualities mentioned but if it is not, then the sale can be nul lified. Ab lind person can also make someone his Wakeel for gaining hold or buying purposes and this Wakeel ' s seeing will officiate his seeing. If a b lind man buys something for himselfor someone else, e.g. he was made a Wakeel and he bought the item, then in both these cases Khiyaarwill be reserved forhim. (Alamghiri) Rule- If a stipulated object was made Ba'ee for another specified item, e.g. a book for clothes, then the buyer and seller will have Khiyaar-e­ Rooyat as they are both buyers in this case. (Durre-Mukhtaar, Bahare­ Shariat) KHIYAAR-E-AIB According to the Shariah, a defect through which the Mabee can be returned is thatwhich decreases the value ofit in the eyes oftraders. It is Waaj ib upon the seller to disclose any fault in the Mabee if it has 268

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