What is the effect when one heir accepts an option for defect (khiyar 'ayb) concerning inherited property, while the other does not?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If two individuals inherit the option to return an item due to a defect from their father, and one heir agrees to the defect (accepts the item), the right of the other heir to return the item is nullified. This ruling is established because if only one were to return the item, the merchandise would become divided (*tashqqus*) upon the seller, causing harm to the seller. Since the item was removed from the seller's ownership to one party entire, it is not permissible to return a portion of it to the seller in a divided state.
Supporting text
This situation differs from a previous case where one contract was made with two people, as that situation is treated as two separate contracts, meaning each party sold half individually. Therefore, when one party returns what was sold to them, it is permissible. However, the present case is contrary to that arrangement.