cancellation and taking the entire specified price and the portion of the excess. If he agrees to the taking, he takes the ten, and the seller is a partner with him in the [extra] cubit. Does the seller have the option of cancellation? There are two views: one of them is that he has the right to cancel, because he is harmed by the partnership. The second is that he has no option, because he agreed to sell the whole for this price, and if the price reaches him with the retention of a part for him in it, it is an excess, so he is not entitled to cancellation on account of it; and also because this harm occurred due to his own deception and reporting [an incorrect measurement], unlike anyone else, so he should not be empowered by it to cancel the buyer's contract. If the seller offers it to the buyer for a price, or the buyer requests it for a price, the other is not obligated to accept; because it is an exchange in which mutual consent is required from both, so neither of them is forced into it. If they agree to that, it is permissible. If it turns out to be nine, there are two narrations: the first is that the sale is void, for reasons previously mentioned. The second is that the sale is valid, and the buyer has the option between cancellation and keeping it for nine-tenths of the price. The companions of Al-Shafi'i said: He has no right to keep it except for the full price, or cancellation, based on their view that the purchaser of a defective item has only the option of cancellation or keeping it for the full price. Our argument is that he found the sold item deficient in quantity, so he may keep it for its proportionate share of the price, like the heap (subra) if he bought it as one hundred and it turned out to be fifty. We will clarify that the purchaser of a defective item may keep it and take its compensation (arsh). If he takes it for its proportionate share of the price, the seller has the option between agreeing to that or cancellation; because he only agreed to sell it for that entire price, and if it does not reach him, he has the right to cancel. If the buyer offers him the entire price, he cannot cancel, because he has received the price he agreed to, so it is like if he bought a defective item and agreed to it for the full price.

Section: If he buys a heap (subra) on the condition that it is ten qafiz, and it turns out to be eleven, he returns the excess, and he has no option here; because there is no harm in the excess. If it turns out to be nine, he takes it for its proportionate share of the price. We have already mentioned previously that whenever the measure is specified in a heap, its possession cannot be...