inside the shell. If he breaks it and finds that what was inside the shell was spoiled—and this is a defect—we say: You now have the choice: if you wish, you may return it and take back the price; and if you wish, you may keep it and take the arsh (compensation for the defect). But if you return it and take back the price, you must compensate for the breakage, because ostrich eggshells can be used as vessels.
The apparent meaning of the author’s words is that if the breaking causes no damage, he need not compensate for it. This would be the case if he split it evenly into two pieces, each of which could be used as a vessel. In that case, we say: No compensation is due for this breakage, because its value has not been affected. But if he breaks it in such a manner that it retains no value afterward—for example, if he breaks it and crushes it completely—then compensation becomes obligatory, because return has become impossible. Thus, this issue has three cases:
The first is that he breaks it evenly, such that it remains suitable for use as a vessel and its value is not diminished. No compensation is due in this case, because nothing has been diminished.
The second is that he breaks it in a manner that leaves it with no remaining value. In that case, compensation becomes obligatory, because return has become impossible.
The third is that he breaks it in a manner by which it retains some value, but its value is diminished. In that case, he takes compensation for the breakage; and if he keeps it and takes compensation for the defect, he has the choice—that is, he retains the original choice.
“And if it is like a hen’s egg, he may recover the full price. The option on account of a defect is not subject to immediate exercise, so long as no indication of acceptance is found.”
His statement, “And if it is like a hen’s egg, he may recover the full price,” is because people derive no benefit from a hen’s eggshell; rather, it is thrown into the rubbish. Thus, if he breaks a hen’s egg and finds it spoiled and unfit for eating, the buyer may recover the full price, because it becomes clear that the sale contract concerning it was invalid. One condition of a contract is that it concern an item from which benefit may be derived, whereas this has no benefit.