Thus, we have now established an eighth ground for rescission: when the buyer is found to be insolvent or a deliberate defaulter, according to the sounder view.
His statement, “The right of rescission is established because of a discrepancy in the description”: this is the ninth ground for rescission. A discrepancy in the description differs from the discrepancy in a previously stipulated condition, such as when it was stipulated that he be literate or illiterate. A discrepancy in the description means that he sold him something described in a particular way—for example, saying, “I sell you a car with such-and-such specifications”—and then they disagree over the description. The buyer says, “You described it to me as such-and-such,” while the seller says, “Rather, I described it as such-and-such and such-and-such.” In this case, neither party’s statement is given preference, so both are granted the right of rescission.
The sounder view, however, is the one mentioned previously: that the seller’s statement is accepted, or else the sale is undone. Thus, it is said: either accept the seller’s statement, or else the property remains his.
His statement, “and because of a change in something previously inspected,” means that if he sells a specified item which then changes before the contract is concluded, the buyer has the right of rescission. This applies when the item sold is of a type that can change within a short period, such as certain types of milk with a limited shelf life, or other things that may change before the contract is concluded.
For example, he sells him milk which the buyer inspected yesterday, but on the day the sale is concluded its characteristics have changed. If they dispute this, the buyer has the right to rescind, because the item sold has changed from what he previously saw.
With this, the categories of the right of rescission are complete. Accordingly, restricting it to five, ten, or seven categories is not sound, because the right of rescission is established whenever the objective of either contracting party is frustrated, even if it does not fall under the categories enumerated by the author, may Allah have mercy on him.