the Companions, may Allah be pleased with them (1). It is the view upon which people’s affairs can reasonably be conducted, because if the seller knows of the defect, he is a deceitful fraudster and should be dealt with in a manner contrary to his intent. This differs from the case where he is unaware of it—for example, if he has only recently acquired the car and does not know the defects it contains, then sells it while stipulating exemption from liability. In that case, the condition is valid.

His statement: “If he sells a house,” or something similar that is measured by cubits, such as land.

His statement: “on the basis that it is ten cubits, then it proves to be larger”: the sale is valid.

His statement: “or smaller, it is valid,” meaning that if it proves to be smaller, the sale is likewise valid. However, if it proves to be larger, the excess belongs to the seller, because he sold it with a specified description: that it was ten cubits, but it proves to be fifteen cubits. We therefore say: the excess belongs to the seller; take ten cubits from the fifteen, and give the seller five.

Likewise, if it proves to be smaller—for example, if he sold it as twenty cubits but it proves to be fifteen—the sale is valid, and the deficiency is borne by the seller. The price is therefore reduced in proportion to the missing cubits. If he sold it as twenty cubits but it proves to be fifteen, the deficiency is one quarter of the price. Thus, the excess belongs to the seller, and the deficiency is borne by the seller.

His statement: “The one who was unaware of it and whose purpose is frustrated has the option,” meaning that he was unaware of the measurement,