because he is entitled to one-third through the concession, and the other third through the price. The people of Iraq said: It is said to him, 'If you wish, you may pay another ten and take the sold item, or if you wish, you may rescind and you have nothing.' According to Malik: He has the right to rescind and take one-third of the sold item via the concession, and his companions call this 'the khul' (stripping away) of the third.' As for us, in what we have mentioned, there is a balancing of part of the sold item with its proportionate share of the price when it is impossible to take all of it for its entire price. This is valid, just as if he bought two items for a price and the sale was rescinded for one of them due to a defect or otherwise, or as if he bought a share (shiqs) and a sword, and the preemptor (shafi') took the share, or like preemptors where each of them takes a part of the sold item for its proportionate share, or as if he bought a qafiz worth thirty with a qafiz worth ten. As for the view chosen by the Qadi, it is not correct because he obligated the sold item for him at a price, so he takes part of it for the entire price, which is not valid, just as if he said, 'I have sold you this for a hundred,' and he said, 'I accept half of it for that.' Also, when he rescinds the sale for part of it, it is mandatory that he rescinds it for its equivalent of its price. It is not permissible to rescind the sale of it while its price remains, just as it is not permissible to rescind the sale of the whole while its price remains. As for the statement of the people of Iraq, it involves compelling the heirs to enter into a transaction different from the manner in which their ancestor transacted. When he rescinds the sale, he is not entitled to anything because the bequest only occurred within the sale; if the sale is voided, the bequest ceases, just as if he bequeathed to a man specifically to perform Hajj on his behalf for one hundred, and the wage for his equivalent is fifty, so he seeks the extra fifty without the Hajj. If he bought a slave worth ten for thirty, he takes half of him for half of the price. If he sold the slave who is worth thirty for fifteen, the sale is valid for two-thirds of him for two-thirds of the price. According to the opinion of the Qadi, the buyer has five-sixths of him for the entire price, and the method for this is that you relate