he was unaware of the defect and did not know of it, he may return it. Here, however, the author did not say that he has the choice between returning it and claiming a price reduction. One who has read the chapter on options will recall that, upon discovering a defect, he may choose between confirming the sale without compensation, confirming it with a price reduction, or returning it. Yet here the author says only, “If he was unaware of it, he may return it.” He is not entitled to claim a price reduction, because such a reduction constitutes a new exchange: it is compensation for the portion of value lost due to the defect. The agent has no authority to enter into such an exchange, for he is not the principal but merely an agent acting on behalf of another—unless the principal says, “There is no objection to your claiming the price reduction.”
Thus, if he purchases a defective item while unaware of its defect, and then discovers it, we say: You now have the choice between returning it and confirming the purchase. However, confirming it must be acceptable to the principal. We do not say: You have the choice between returning it and confirming it with a price reduction.
For example, a person buys a car on the understanding that it is sound for forty thousand. After taking it away, he discovers that it has a defect that reduces its value by ten thousand, so that its actual value is thirty thousand. We say to the owner: You now have the choice: either return the car to the seller and take back the forty thousand, or keep it and receive ten thousand for the defect. As for the agent, it has already been stated that he is not entitled to claim a price reduction.
Shaykh al-Islam Ibn Taymiyyah, may Allah have mercy on him, held that there is no entitlement to a price reduction. Rather, the person who purchased defective merchandise is told: either return it, or take it with its defect; there is no price reduction unless the seller agrees. The seller may say to the buyer: Take the commodity with its defect, or return it and take back your money. But compelling me to deduct from the price is not binding upon me.