and it has also been said that he does not restore it, for liability for its value has already become binding upon him.

Whoever sells a commodity and stipulates that, should the buyer fail to hand over the price by such-and-such a deadline, there shall be no sale between them—there is in fact no valid sale; this form of transaction is disapproved. If, however, it is carried out, the sale itself stands while the condition is nullified, and the risk of loss remains with the seller until the buyer takes possession.

The scholars are unanimously agreed that fluctuations and shifts in market prices do not constitute fawt (loss) when one seeks to return defective goods, and most of them likewise hold that such changes are not deemed loss in cases of invalid sales either. Take careful note of this.