If a bulk good (sabra) is sold based on a specified measure (e.g., ten measures) and is found to contain more (e.g., eleven), what are the buyer's rights?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The buyer must return the excess amount. There is no option for annulment in this scenario because the surplus causes no harm. The buyer is only required to accept the measure he contracted for, and the excess is returned.
Supporting text
If the bulk good is found to be deficient (e.g., nine measures), the buyer takes the amount corresponding to the proportionate part of the price. When a measure is stipulated for a bulk good, possession is only legally established upon actual measuring. If the measurement confirms the correct amount, the buyer takes it. If deficient, the buyer takes the proportionate share of the price.