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The buyer assumed khiyarush shart and took possession of the goods. It perishes in his hands. Who is liable in this case? PDF Print E-mail

Question 752) - The buyer assumed khiyarush shart and took possession of the goods. It perishes in his hands. Who is liable in this case?

A: The buyer is now liable to pay the seller the agreed upon price.

~ al-Quduri ~

 
Does the ownership remain with the seller if the buyer maintains the right of withdrawal? PDF Print E-mail

Question 751) - Does the ownership remain with the seller if the buyer maintains the right of withdrawal?

A: The buyer maintaining khiyarush shart does not prevent the ownership from leaving the seller. According to Imaam Abu Hanifa RAH. ownership is not transferred to the buyer either in that case. According to Imaam Abu Yusuf RAH. and Imaam Muhammed RAH. it is.

~ al-Quduri ~

 
Is there a limitation to it? PDF Print E-mail

Question 749) - Is there a limitation to it?

A: Yes, three days or less. More than that is not allowed according to Imaam Abu Hanifa RAH. According to Abu Yusuf RAH.and Imaam Muhammed RAH.more than that is allowed if the one with the right? stipulates it and the agrees.

~ al-Quduri ~

 
Two men conducted a sale. The seller maintained the right of withdrawal for himself. The buyer took the goods which were then destroyed in his possession within the period of the right. What is the ruling? PDF Print E-mail

Question 750) - Two men conducted a sale. The seller maintained the right of withdrawal for himself. The buyer took the goods which were then destroyed in his possession within the period of the right. What is the ruling?

A: In the principle the right being maintained by the seller prevents ownership from leaving him. The buyer thus took the sellers goods. If it perished in his possession during the period of the right he must replace it with the same kind of good if it is a standard good, and with the price if is not standard.

~ al-Quduri ~

 
What is the ruling of right of withdrawal[khiyarush Shart] for the buyer and the seller? PDF Print E-mail

Question 748) - What is the ruling of right of withdrawal[khiyarush Shart] for the buyer and the seller?

A: It is permissible for either party.

~ al-Quduri ~

 
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