Does utilizing, offering for sale, or otherwise disposing of a purchased item before knowledge of a defect void the right of rescission?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If the buyer utilized the sold item, offered it for sale, or performed any act indicating acceptance of it before knowing of the defect, the right of option (khiyar) is not voided because such actions do not imply acceptance while defective. The general consensus among scholars holds that if the buyer performs such actions after becoming aware of the defect, the option is invalidated.
Supporting text
Al-Hasan, Shurayh, Abdullah ibn al-Hasan, Ibn Abi Laila, al-Thawri, and the People of Opinion (Ahl al-Ra'y) held that if a buyer purchases an item and then offers it for sale, the sale becomes binding. This is the opinion adopted by Al-Shafi'i. Ibn al-Mundhir noted no known disagreement regarding this point concerning the invalidation of the option by offering for sale post-knowledge.