What is the right of the buyer if the sale was affected by *Najsh*?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If the transaction resulting from *Najsh* involves an unfair price inflation (*ghubn*) exceeding customary limits, the buyer possesses the option to rescind or uphold the sale, similar to the case of intercepting caravans (*talakqi ar-rukban*). If the inflation is within customary limits of minor over- or under-valuation (*taghabun*), the buyer has no option to rescind. This right to option exists regardless of whether the *Najsh* was done with the seller's prior agreement and knowledge or not.
Supporting text
Shafi'i scholars hold that if the *Najsh* occurred without the seller's knowledge or agreement, the buyer has no option. Some among them argue that if the seller was complicit, the buyer still has no option because the deficiency lies with him for purchasing something whose value he did not ascertain.