مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٤٤٦ - CIRCUMSTANCES IN WHICH ONE MAY CANCEL THE TRANSACTION
(xi) If the seller cannot deliver possession of the thing sold by him
(for example, if the horse sold by him flees) the buyer can cancel the
transaction. This is called Khiyarut taazzurit taslim.
٢١٣٣. If the buyer does not know the price of
the commodity or is negligent at the time of making the transaction, and
purchases the thing for higher than the usualprice, and purchases it so
costly that the people attach importance to it, he can cancel the
transaction. Furthermore, if the seller does not know the price of the
commodityor is negligent at the time of making the transaction, and
sells the thing at a price cheaper than the usual price, and sells it so
cheap that the people attach importance toit, he can cancel the
transaction.
٢١٣٤. In a transaction of "Conditional sale",
for example, a house worth $ ٢٠٠٠ is sold for $ ٢٠٠ and it is agreed
that if the seller returns the money within astipulated period he can
cancel the transaction, the transaction is in order, if the buyer and
the seller have the intention of purchase and sale.
٢١٣٥. In a transaction of "Conditional sale" if
the seller is satisfied that even if he does not return the money within
the stipulated time, the buyer will returnthe property to him, the
transaction is in order. However. if he does not return the money within
the stipulated time, he is not entitled to demand the return of the
propertyfrom the buyer. And if the buyer dies he (the seller) cannot
demand the return of the property from his heirs.
٢١٣٦. If a person mixes inferior tea with superior tea and sells it as a superior tea. the buyer can cancel the transaction.
٢١٣٧. If the buyer comes to know that the
commodity purchased by him is defective e.g. he purchases an animal and
comes to know (after purchasing it) that it is blind of an eye and this
defect existed in it before the transaction was made. but he was not
aware of it, he can cancel the transaction and return the property to
the seller. In case, however, it is not