Chapter on Compensation in Proportion to the Defect and on Splitting the Transaction

It also treats the ruling on any yield or profit (ghalla) when the object is successfully claimed by a third party, as well as when it is returned because of a defect.

The prevailing procedure for determining the value of a defect—when the seller is held liable because the goods are no longer in his possession, as I explained earlier—obliges the purchaser to have the article appraised twice: first, at its full sound value on the day he bought it, and then at its reduced value with the defect on the day it was sold to him in that impaired state. If the defect represents one-sixth, one-fifth, or one-eighth of the item’s worth, the buyer is entitled to reclaim the corresponding one-sixth, one-fifth, or one-eighth of the price.

Should the purchaser wish to return the article altogether, while also restoring the depreciation the defect caused during his possession, the item is to be valued with the defect taken into account.