and it is permissible, just as if he had purchased it alone. The partnership only came about through the offer of the seller, for he sold to each of them half of it, so it departed from the seller's ownership already fragmented, unlike a defect that occurs later.
Section: If two people inherit from their father an option [to return for] a defect, and one of them expresses approval, the other's right to return is extinguished. This is because if he were to return it alone, the item would become fragmented for the seller, causing him harm; yet the seller had removed it from his ownership to one party without it being fragmented. Thus, it is not permissible to return a portion of it to him in a fragmented state, unlike the preceding issue, for the contract of one person with two people constitutes two contracts, as if he sold to each of them half of it separately; thus, one of them returned to him all that he had sold to him, whereas here it is the opposite.
Section: If a man purchases something from two men and finds it to be defective, he may return it to both of them. If one of them is absent, he returns his share to the present one, proportional to its part of the price, and the absent one's share remains in his possession until he arrives. If one of them had sold the entire item by power of attorney for the other, the ruling is the same, whether the present one is the agent or the principal. Ahmad stated something close to this. If he wishes to return the share of one of them and keep the share of the other, it is permissible, because he is returning to the seller all that he sold him, and his return does not result in fragmentation, because the sold item was already fragmented before the sale.
Section: If he purchases silver ornaments by weight with dirhams and finds them defective, he may return them, but he may not take the compensation (arsh), because it would lead to disparity (tafadul) in that which requires parity. If a defect occurs to it while in the possession of the buyer, then according to one of the two narrations, he returns it and returns the compensation for the defect that occurred while in his possession, and he takes
(10) In (m): "mushaqqasatan". (11) In the original: "ummiahima" (their mother). (12) In (m): "fatadarrara" (so he is harmed). (13) In the original: "al-ghasib" (the usurper).
