when it is later discovered that part of the commodity that...

when it is later discovered that part of the commodity that was transacted belonged to someone else. In this case, if the owner does not consent to the transaction, the receiver of the commodity can annul the transaction or take back what he paid in exchange for it if he had already paid for it. This is referred to as ‘the option due to a partnership’ (khiyār al‑shirkah); 8.

when the owner describes to the other party the particulars of a specific commodity which the other party has not seen, and it is later discovered that the commodity is not as it was described; or, the other party had previously seen the commodity and thought that it still possessed the qualities he had seen in the past, and it is later discovered that it no longer has those qualities. In this case, the other party can annul the transaction.

This is referred to as ‘the option pertaining to seeing’ (khiyār al‑ruʾyah); 9. when the buyer fails to hand over the payment for the commodity he purchased within three days, and the seller has not yet handed over the commodity. In this case, the seller can annul the transaction. This applies when the seller gives the buyer a respite for paying the money but does not specify the period.

However, if he does not give him any respite at all, he can annul the transaction after a short delay in paying the money. If he gives a respite of more than three days, he cannot annul the transaction until the respite period is over. Furthermore, if the commodity he sold is something like vegetables or fruit which deteriorates before three days, the respite period is less. This option is referred to as ‘the option due to delay’ (khiyār al‑taʾkhīr); 10.

when a person purchases an animal, he can annul the transaction within three days. If he acquires an animal in exchange for something that he sells, the seller can annul the transaction within three days of the sale. This is referred to as ‘the option pertaining to animals’ (khiyār al‑ḥayawān); 11. when the seller is unable to hand over the commodity he sold; for example, the horse that he sold runs away. In this case, the buyer can annul the transaction.

This is referred to as ‘the option due to an inability to hand over’ (khiyār taʿadhdhur al‑taslīm).