the seller in a tawliyah sale (sale at cost), without disclosing it. For example, he says: “I have sold you this book at its original cost.” This is a tawliyah sale. The buyer asks, “What was its original cost?” He replies, “Its original cost was twenty dirhams.” The buyer says, “I accept.” Yet the seller had bought the item he sold for twenty dirhams on deferred payment, without informing the buyer—and it is well known that a deferred price is higher. The buyer therefore purchases it, takes the seller at his word, and acquires it for twenty. Then it becomes clear that this price was deferred. The seller was truthful in saying that he bought it for twenty, but it was a deferred price.

We therefore say: the buyer has the option; if he wishes, he may keep it, and if he wishes, he may return it. The reason is that the seller misled and deceived him. The Prophet, peace and blessings be upon him, said: “No right belongs to one who wrongfully lays claim.” (1) His recompense, then, is that his transaction be undone, and that the buyer be told: “You have the option.”

This is the position adopted by the author—and it is very sound. It is the correct view when the seller who sold at cost deceived him, for we deal with him in a manner contrary to his intent.