Can one be obliged to accept a defective item in fulfillment of a contract?

Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term

Al-Mughni

Book of Sales

Book 12 · Issue 5 · Bab 6

Open in Qurani

Primary text

The acceptor is never obliged to accept an item that is defective. If the recipient takes possession of the specified item and subsequently discovers a defect, the holder has the right to demand an exchange for the sound item or demand *Arsh* (a proportionate compensation for the defect), just as in a standard sale contract.