The option is nullified by word or by deed—for instance, when the buyer disposes of the purchased item by declaring it a waqf (endowment), giving it as a hiba (gift), offering it for sale (sawm), or touching it lustfully.1 Such dispositions are effective only if the option was his alone.
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The option of overreaching (khiyār al-ghabn). This applies when a person sells an article worth ten for eight, or buys one worth eight for ten. In such a case the option is established, but if he decides to keep the item no arsh (monetary adjustment) is due.
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The option of fraud (khiyār al-tadlīs). It arises when the seller deceives the buyer in a manner that inflates the price—such as withholding the animal’s milk in its udder, rougeing the face, or dyeing the hair black. All of this is unlawful, and the buyer is granted an option even if the fraud occurred without the seller’s deliberate intent.
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The option of defect (khiyār al-ʿayb). If the buyer discovers in the purchased item a defect of which he was unaware, he may choose either (a) to return the item along with any inseparable increase, pay the cost of returning it, and reclaim the entire price, or (b) to keep it and receive arsh. Arsh becomes mandatory when the item perishes while in the buyer’s possession—unless the seller knew of the defect and concealed it, thereby deceiving the buyer. Such concealment is forbidden; the loss falls upon the seller, and the buyer recovers everything he has paid.
The option of defect is open-ended2 and does not lapse3 unless the buyer performs an act that indicates satisfaction, such as disposing of the item or using it for a purpose other than testing.4 Rescission does not require the seller’s presence or a judge’s ruling,5 and after rescission the item remains a trust in the buyer’s possession.6