Does the seller who was deceived (*maghbun*) by an interceptor have the option to rescind the sale?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The seller who was deceived when selling to an interceptor has the option to rescind the sale upon arriving at the market. This ruling is established because the Prophet, peace be upon him, granted this option, and the option confirms the validity of the contract while addressing the element of deception (خديعة) and preventing harm. The option is conditional upon the seller realizing the extent of the financial loss (غبن) upon reaching the market.
Supporting text
The school of thought of the People of Opinion (Ashab al-Ra'y) holds that the seller has no option unless there is clear, quantifiable deception exceeding the usual range of fluctuation, based on the view that the Prophet's statement implies the realization of the loss in the marketplace. The scholars of Malik's school disagree on the mechanism, with Ibn al-Qasim suggesting the goods should be offered to the townspeople to share, and Al-Layth suggesting they should be sold in the market, both of which contradict the text granting the option specifically to the seller.