What does Khiyaar al-ʿayb mean?

Islam > Glossary > Khiyaar al-ʿayb

Discover the meaning of the term Khiyaar al-ʿayb (خِيَار الْعَيْب) in Islamic vocabulary.

Definition Khiyaar al-ʿayb

Khiyaar al-ʿayb according to Dustur al-'Ulama (Al-Ahmadnagari)

That the buyer choose to return the sold item to its seller on account of the defect.

Khiyaar al-ʿayb according to Mu'jam al-Mustalahat al-Fiqhiyya

It is that the buyer choose to return the sold item to its seller on account of the defect. (Dastur al-'ulama 2/95; At-Ta'rifat, p. 91; Mu'jam al-Mughni 1/318).

Khiyaar al-ʿayb according to At-Ta'rifat al-Fiqhiyya (Al-Barkati)

It is that a defect decreasing the price be found in the sold item; the buyer then has the option: either keep the item for the full price or return it to the seller.

Khiyaar al-ʿayb according to Al-Qamus al-Fiqhi

Among the Malikis: that whose cause is a diminution in the sold item, whether a defect or a claim; it is called al-hukmi, and also khiyar an-naqisa. Among the Hanafis: that the buyer choose to return the sold item to its seller on account of the defect. In the Mejelle (art. 337): in any absolute sale where an old defect appears, the buyer is given the choice: if he wills, he returns it; if he wills, he keeps it at the stated price; he may not keep the item and also take what the defect diminished. This is called khiyar al-'ayb.

Khiyaar al-ʿayb according to Mu'jam Lughat al-Fuqaha

Its cause is the appearance of an old defect in the sold item diminishing the price or vitiating what was sought, unknown to the buyer at the time of purchase (Latin: actio empti). And khiyar al-ghabn (option for grave undervaluation): its cause is selling the goods at a price exceeding the appraisers' valuation, namely ghabn fahish (gross undervaluation).