in the fifth circumstance, he has two options: the first is to seek the remedy for the defect, whereby the loss in value caused by the defect, together with its corresponding share of the profit, is deducted from the price. The second 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 that value is less than the price.
Section
If misrepresentation of the price and fraud and deception occur together in a single case, there are two 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 owing to changes in market prices, growth, deterioration, or more substantial changes, subject to the differences of opinion on this matter.
An example is someone who purchases goods for ten dinars, keeps them for a long time, and then sells them for twelve dinars without disclosing how long he has held them. If the goods are in the first circumstance, the buyer has the choice of keeping or returning them. The seller cannot compel him to keep them by deducting the overstated amount and its corresponding share of the profit, because the buyer can invoke the prolonged period for which the seller held them, which constitutes fraud and deception. If they are in the second circumstance, seeking the remedy for fraud and deception is more advantageous to him: the amount payable for the goods is reduced to their assessed value if it is less than the price.
Section
If concealment of a defect, fraud, misrepresentation of the price, and fraud and deception occur together in a single case, there are likewise five possible circumstances:
(The first) is that the goods remain on hand and have not become non-returnable. (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 a slave woman who has no children, marries her off, and she bears children while in his possession. He then sells her without her children in a cost-plus sale, using the entire price at which he purchased her as the cost basis, without disclosing that she has children. Her having children is a defect; the prolonged period for which he held her until she bore those children constitutes fraud and deception; and the reduction in her value caused by marriage and having children constitutes misrepresentation of the price. If the slave woman is in the first circumstance