basis, in my view, Ibn al-Qāsim’s statement in al-Mudawwana, as preserved in most transmitted versions, should be understood, so that its meaning is sound. It is therefore preferable to understand Ibn al-Qāsim as having returned at the end of the discussion to addressing this situation—even though the discussion did not begin with it—rather than to regard his words on it as pointless repetition, as Ibn Abī Zamanīn did. And Allah knows best.

Section

When concealment of a defect and fraud and deception occur together in a single case, there are five possible circumstances:

(The first) is that the goods remain on hand and none of the grounds precluding their return has arisen. (The second) is that they have become non-returnable through resale. (The third) is that they have become non-returnable owing to changes in market prices or slight deterioration. (The fourth) is that they have become non-returnable owing to seriously impairing defects. (The fifth) is that they have become non-returnable through their physical loss or something equivalent to physical loss.

An example is someone who purchases defective goods knowing of their defect, keeps them for a long time, and then sells them in a cost-plus sale without disclosing either the defect or how long he has held them.

If the goods are in the first circumstance, the buyer has the choice of returning them on grounds of the defect, fraud and deception, or keeping them at the full price. The seller cannot compel him to keep them by deducting part of the price.

If they are in the second circumstance, having become non-returnable through resale, he may seek only the remedy for fraud and deception. He therefore owes their assessed value if it is less than the price.

If they are in the third circumstance, he has the choice of returning them on grounds of the defect, or accepting them and seeking the remedy for fraud and deception, whereby the amount payable for the goods is reduced to their assessed value if it is less than the price at which he bought them.

If they are in the fourth circumstance, he has three options: (the first) is to return them and compensate for their deterioration; (the second) is to keep them and recover the loss in value caused by the defect together with its corresponding share of the profit; (the third) is to accept the defect and seek the remedy for fraud and deception, whereby the amount payable for the goods is reduced to their assessed value if it is less than the price at which the seller sold them. If they are