Khiyarush Shart – the right to return goods

Economics, Part 5-Principles of Business / Wednesday, May 19th, 2010

1. At the time of purchasing an item, a person says: “I have the right to take or return this item within one day, two days or three days. If I wish, I will keep it, if not, I will return it to you.” This is permissible. He has the choice of returning the item within the period that he specifies or of keeping it.

2. A person says: “I have the right to take or return this item within three days.” Three days expired and this person did not say anything nor did he return it. He will now have to take that item. He does not have the right to return it. However, if the seller permits him to do so, it will be permissible. He cannot return it without obtaining the consent of the seller.

3. It is not permissible to make such a condition for more than three days. If a person makes a condition for four or five days, we will have to see whether he makes a decision within three days or not. If he returns the item within three days, it will be considered to be returned. If he decides to keep it, the transaction will be valid. If three days pass without knowing whether he is going to keep the item or return it, the transaction will become invalid.

4. Similarly, the person selling the item also has the right to say: “I have the choice of taking my item back within three days.” This is also permissible.

5. At the time of purchasing an item, a person says: “I have the right of returning this item within three days.” The next day he comes and says: “I have decided to keep this item and I am not returning it.” Once he says this, his right will be forfeited and he cannot return that item. In fact, even if he goes to his own house and says that he has decided to keep that item, his right will be forfeited. When a person wishes to cancel his transaction or return the item, he will have to do it in front of the seller, he cannot do it behind his back or in his absence.

6. A woman says: “My mother has the right – if  she  says that I should keep it, I will do so, if not, I will return it.” This is permissible. This woman or her mother can return the item within three days. If this woman or her mother come and inform the seller that she has decided to keep the item, this right will now be forfeited and the item cannot be returned.

7. A person takes two or three pieces of cloth and says: “I have the right for three days. Whichever one I like, I will pay R10 per piece and keep it.” This is permissible and he can select one piece of cloth within three days. But if the person takes four or five pieces of cloth (i.e. more than three) and says that he will select one from them, this transaction will be invalid.

8. A person had stipulated the right to return the item within three days. Thereafter, he began using it at home, e.g. if it is something that is used to cover himself, he began covering himself with it. If it is something that is worn he began wearing it. If it is something to lay out, he began laying it out. In all these cases, the right to return the item will now be forfeited.

9. However, if a person uses an item merely to see whether it is suitable or not, e.g. a woman purchases a dress, sheet or carpet. Thereafter, she puts on the dress to check whether it fits her well or not and removes it immediately thereafter, wraps the sheet around her to check whether its length and width is suitable or not, or spreads the carpet to see whether its length and breadth is suitable or not. In all these cases, she still has the right to return these items if she wishes to do so.

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