Does minor utilization of an item, such as riding a beast to check its gait or leading it to the seller, void the right of rescission for a defect?

Chapter on Selling the Musarrah (Animal with milk retained in udder)

Al-Mughni

Book of Sales

Book 12 · Issue 3 · Bab 5

Open in Qurani

Primary text

If the buyer rides the beast merely to observe its gait, to water it, or to return it to the seller, the option is not voided. Similarly, if the female slave is used only for testing her condition, or the shirt is worn only to ascertain its proper size, the option remains valid because these acts do not constitute acceptance of the defective item, just as they do not void the option stipulated in a condition (khiyar al-shart).

Supporting text

If the use is excessive and not specific to testing, the right to return is voided. However, if the use is minor and does not imply ownership, the option is not invalidated.