—the sounder view.

Should the merchandise perish while in the buyer’s possession, or should he manumit the slave and then discover a pre-existing defect, he may claim arsh (a compensatory deduction)—a portion of the price whose proportion to the whole equals the proportion by which the defect diminished the item’s value had it been sound. The stronger opinion bases the assessment on whichever is the lowest of its sound values from the day of sale up to the moment of delivery.

If the price has disappeared while the merchandise remains, he may return the goods and recover either the same amount of currency or its equivalent value. If he learns of the defect only after ownership has passed from him to someone else, he is not entitled to arsh according to the preferred view. Should ownership later revert to him, he may still rescind; some, however, maintain that if it returns for a reason unrelated to a defect-based rescission, no right of return remains.

Rescission must be effected immediately, so he should act without undue delay in accordance with local custom. Thus, if he discovers the flaw while praying or eating, he may wait until he finishes; if at night, until morning. When the seller is in the same town, the buyer must return the item to the seller in person, through his own agent, or directly to the seller’s agent. Referring the matter to the judge is even more secure; if the seller is absent, he must go to the judge in any case. According to the sounder view, he is required—so far as possible—to summon witnesses to his rescission until the matter reaches the seller or the judge. If he genuinely cannot obtain witnesses, a verbal declaration of rescission is not required.

Refraining from use is a condition. If he puts the slave to work, or leaves the saddle and packsaddle on a mount, he forfeits his right. He is excused, however, for riding a restive animal that is hard to lead or drive.

When his right of return lapses through his own negligence, no arsh is due. If a new defect arises while the item is with him, the right of return is nullified automatically. If the seller is nevertheless willing to accept the item, the buyer may return it, or he may keep it. Otherwise, the buyer must add compensation for the new defect and then return the item, or the seller must pay compensation for the original defect and the item remains. If they agree on either course, so be it; if they do not, the sounder view gives precedence to the party who wishes to keep the property.

The buyer must inform the seller of the newly arisen defect immediately so that the seller may exercise his choice. If he delays without excuse, he forfeits both the right of return and any arsh.

Should a defect occur that reveals the earlier flaw only by damaging the item—such as breaking eggs, opening a rātij (a hard cheese), or coring a worm-eaten watermelon—the buyer may return the goods without arsh, according to the stronger opinion. If the earlier defect can be discovered by causing less damage than that, the case is treated like any other newly arisen defect.