The answer is: Yes, and this occurs frequently, especially in earlier times. For example, a merchant learns that the price of sugar has risen, so he goes to those who have sugar and buys all that they possess at the current price, while they are unaware that its price has risen. This is undoubtedly an unfair loss, and in the situation just described they were not, in fact, negligent, because they sold on the assumption that this was its price and that prices were stable.

In short, just as the buyer has the right to rescind the sale when he suffers an unfair loss, the seller likewise has the right to rescind the sale when he suffers an unfair loss; there is no difference between them.

Fourth: the option due to deceptive concealment, such as dyeing a female slave’s hair black, curling it, collecting the water for a mill, and releasing it when displaying the mill.

His statement, “Fourth: the option due to deceptive concealment”: deceptive concealment is derived from dulsah, meaning darkness. Thus, it refers to the option arising from concealment, for one who conceals something is a deceiver.

It has two forms:

The first is to present something as being in a better condition than it actually is.

The second is to present something as sound and complete while it contains a defect.

The difference between the two is clear. In the first case, the item being sold has no defect, but it is made to appear better and more complete than it is. In the second, there is something wrong with it, but he conceals it and presents it as sound.

Examples of deceptive concealment include what the Companion—may Allah pardon him—did when he placed sound food on top of food that had been damaged by rain (1). This is deceptive concealment.