مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٤٤٥ - CIRCUMSTANCES IN WHICH ONE MAY CANCEL THE TRANSACTION
than its real worth. This is called Khiyarut tadlis.
(v) One of the parties to the transaction may stipulate with the other
that he would perform a certain job and this condition may not be
fulfilled. Grit may be stipulated that one party will supply a commodity
of a particular quality to the other and the commodity supplied may be
lacking in that quality. In these cases the person who made the
condition can cancel the transaction. This is called khiyar takhallufish
shart (i.e. option to cancel the transaction on account of breach of
condition).
(vi) The commodity supplied may be defective. This is called khiyarul aib.
(vii) If it transpires that a share of the commodity which the parties
have contracted to buy is the property of a third person. In that case,
if the owner of that portion is not willing to sell it. the buyer can
cancel the transaction or can take back the consideration of that share,
in case he has already paid it. This is called Khiyarush shirkat.
(viii) If a commodity has not been seen by the other party and the owner
of that commodity mentions its qualities, but it transpires later that
the commodity lacks thosequalities the other party can cancel the
transaction. This is called Khiyarur ruyat.
(ix) If the buyer does not stipulate to pay the price of the commodity
later and does not pay it till three days, the seller can cancel the
transaction, if he has not alreadyhanded over the commodity to the
buyer. In case, however, the commodity sold is Like some fruits which
decay after about a day and delayed payment of price has also not
beenagreed upon and the buyer does not make payment till night the
seller can cancel the transaction. This is called khiyarut takhir.
(x) A person who buys an animal can cancel the transaction within three
days. And in case the buyer of the commodity sold by him gives him an
animal in consideration thereof, the seller of the animal can also
cancel the transaction within three days. This is called khiyarul
haywan.