the two mithqāls from the seller, without rescinding the sale. If its value is ten mithqāls, it is substantial and gives a right of return.” He stated that ten mithqāls is substantial, without specifying the total price. In my view, ten mithqāls out of a hundred is substantial and gives a right of return.
Section
Where a defect substantially reduces the price, the item sold must fall into one of five categories: (the first) it remains in its original state, without increase or decrease; (the second) it has undergone an increase; (the third) it has undergone a decrease, but the item itself remains available for return; (the fourth) the item itself, or most of it, is no longer available for return because it has passed out of the buyer’s ownership; and (the fifth) the buyer has entered into a contract concerning it that prevents him from returning it.
Section
In the first case, where the item remains in its original state without increase or decrease, the buyer has the choice either to return it and recover the entire price, or to retain it without recovering any part of the price. The basis for this is the hadith concerning an animal whose milk has been allowed to accumulate in its udder, in which the Prophet ﷺ said:
“Do not let milk accumulate in the udders of camels and sheep. Whoever buys such an animal has a choice between two courses after milking it: if he is satisfied with it, he may keep it; if he is dissatisfied, he may return it together with a sāʿ of dates.”
Section
In the second case, where the item sold has undergone an increase, that increase must take one of five forms: (the first) an increase due to market fluctuations; (the second) an improvement in the condition of the item; (the third) an increase in the item itself through new growth within it or through the addition of something of the same kind; (the fourth) the addition of something of a different kind; and (the fifth) workmanship added to the item by the buyer, such as dyeing, sewing, and similar work that cannot be removed without damaging it.