مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٤٤٧ - CIRCUMSTANCES IN WHICH ONE MAY CANCEL THE TRANSACTION
possible to return it, for example, if some change has taken place in
it, or it has been appropriated in such a manner that it cannot be
returned, the difference between the value of the sound property and the
defective property should be assessed and the buyer should get refund
in that proportion of the amount paid by him to the seller. For example,
ii he has purchased something for $ ٤ and comes to know that it is
defective and if its price without its being defective is $ ٨ and in
case of its being defective the price is ١ ٦ and as the difference
between these two prices is % the buyer can take back U of the money
given by him to the seller (i.e. $ ١).
٢١٣٨. If a seller comes to know that what he
received in exchange for his property is defective, and that defect was
present in it before the transaction. and hewas not aware of it, he can
cancel the transaction and can return to its owner the thing which he
got in lieu of his property. And if he cannot return it due to change
orappropriation having taken place, he can obtain the difference between
the sound and the defective thing according to the rule mentioned in
the foregoing Article.
٢١٣٩. If a defect takes place in the property
after concluding the transaction and before delivering it, the buyer can
cancel the transaction. Moreover, V somedefect appears in what is taken
in exchange for the property after concluding the transaction and
before delivering it, the seller can cancel the transaction. but if the
twosides want to take the difference between the prices. it is not
permissible.
٢١٤٠. If a person comes to know about the defect
after concluding the transaction it is not necessary for him to cancel
the transaction at once and he has the rightto cancel it even
afterwards. The same order applies to all the transactions as well.
٢١٤١. If a person comes to know about the defect
in a commodity after purchasing it, he can cancel the transaction
although the seller may not agree to it. And thesame order applies to
all transaction.