Does the buyer have the option to rescind the contract upon seeing the purchased item (Khiyar al-Ru'yah)?
Chapter on the Option of the Two Parties in Sale
Al-Mughni
Book of Sales
Primary text
The option to rescind upon seeing the item is established for the buyer. This is the more famous of two narrations on the issue and aligns with the position of Abu Hanifa. If the initial sale of the absent item is deemed valid, the buyer possesses the option to rescind or uphold the contract immediately upon seeing the item. If the buyer chooses to rescind, the contract is voided; if they do not rescind, the contract becomes binding, as the option is tied to the sight of the item.
Supporting text
It is also held that this option is restricted to the session during which the sight occurred, similar to the option pertaining to the session itself (Khiyar al-Majlis), because it is an option established by the contract's requirement without an explicit condition. Additionally, if the buyer chooses to rescind before sight, the contract is considered voidable because it was not binding upon him, granting him the power to rescind even prior to the visual confirmation.