Issue No.1816- If a defect occurs in a property after concluding the transaction and before its delivery, the buyer may terminate the transaction. Similarly, if some defect is found in what is taken in exchange for the property, the seller can cancel the transaction after concluding the transaction and before it is delivered.
Issue No.1817- If a person comes to know about the defect after the transaction, and does not cancel the transaction at once, his right will be forfeited as an obligatory precaution, but there is no harm if he delays it for a short time in order to think about it. And it is not necessary for the seller to be present at the time of the cancellation of the transaction.
Issue No.1818- In the following few cases the buyer cannot terminate the transaction, even if there is defect in the property, nor can he claim the difference between the prices of the sound and defected property:1) If at the time of purchasing the property, he is aware of the defect in it.2) If he later accepts the defect in the property.3) If at the time of concluding the contract, the seller says he sells that property with whatever defect it may have. However, if he specifies a defect and says that he is selling that property with that defect, and it transpires later that it has another defect; the buyer may terminate the transaction.4) If at the time of concluding the contract, the buyer says that if the property has a defect, he will not terminate the transaction, nor will he claim the difference between the prices.
Issue No.1819- In a few cases the buyer may not terminate the transaction if he finds out that there is a defect in the property, but may claim the difference between the prices:1) If after the transaction, he makes a change in the commodity in a way that people can say that the purchased commodity has not remained in its original form.2) If after the transaction the buyer realises that there is a defect in the property, but has already stipulated that he shall not have the right of cancellation.3) After taking possession of the property, another defect appears in it. However, if he purchases an imperfect animal, and before the expiry of three days, another defect appears in the animal, the buyer may return it. And if only the buyer has the right for a particular period to terminate the transaction and another defect appears in the animal during that period the buyer can terminate the transaction even though he may have taken possession of the animal.
Issue No.1820- If a seller informs the buyer about the purchase price of a commodity and he intends to transact based on it, he should inform him about all factors which would affect the rise or fall in the price of the commodity, for example, he should say that he has bought it at this price in cash or on credit (whether he sells it at the same price or at a price less or more than that).
Issue No.1822- If a butcher sells the meat of a female animal for a male animal, in case he specifies the meat and says, "I am selling this meat of a male animal", the buyer may terminate the transaction, and if he does not specify it, the buyer has the right to return the meat and get the meat of a male animal instead.
Issue No.1823- If a buyer tells the draper that he wants a cloth of fast colour, and the draper sells him a cloth whose colour fades, the buyer may terminate the transaction.
Issue No.1824- Taking oath in the matter of transaction is makrūh, if it is true, and haram, if it is false.
Issue No.1826- If some persons enter into a partnership in the wages they earn – for example, if a number of brokers agree mutually that they would divide between themselves whatever wages they earn, this partnership is not in order.
Issue No.1828- The persons who intend to enter into a partnership must be mature and sane, and should have the intention and freedom in the matter of partnership. They should also be able to exercise discretion over their properties. Hence, if a mentally incompetent person who has no right of disposal over his property and spends his wealth prodigally, enters into a partnership, it is not in order.
Issue No.1830- Partners will get profit and loss in proportion to their capital, unless a specific condition has been stipulated in the agreement of the partnership. Therefore, share of the profit or loss of the one whose capital is twice as much as the others, will also be twice as much as the rest. However, if they agree that their share of benefit or loss would be equal, there is no problem in it.
Issue No.1831- In the agreement of the partnership, they can lay down a condition that both the partners will buy and sell together, or each of them may conclude transactions individually, or only one of them may conclude transactions. In any case, they should act according to the agreement reached between them. However, in case nothing is specified, neither of them can conclude any transactions with the capital, without the permission of the other.
